1. Acceptance of Terms
Welcome to The Diamond Effect, including Diamond Wig Boutique, Diamond Beauty, and Diamond Active (collectively, the “Boutique,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website, mobile experience, and any related services (collectively, the “Site”).
By accessing or using the Site, placing an order, creating an account, or otherwise interacting with our services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the Site immediately.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to make a purchase on the Site. By using the Site, you represent and warrant that you have the legal capacity to enter into a binding agreement and that all information you provide is accurate, current, and complete.
3. Accounts & Registration
You may be required to create an account to access certain features, including order tracking and waitlists. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that we reasonably believe are being used fraudulently, abusively, or in violation of these Terms.
4. Products & Descriptions
We make reasonable efforts to accurately display the color, texture, and details of our wigs, bundles, and related products. However, due to variations in monitor displays, lighting during photography, and the natural characteristics of hair, actual products may vary slightly from images shown on the Site.
All products are subject to availability. We reserve the right to limit quantities, discontinue products, or correct product information, pricing, or errors at any time without prior notice.
5. Pricing & Payment
All prices are listed in U.S. Dollars and are subject to change without notice. We reserve the right to correct pricing errors, even after an order has been submitted or confirmed. In the event of a pricing error, we will contact you to confirm whether you wish to proceed with the order at the correct price or cancel it.
Payment must be received in full before an order is processed and shipped, unless otherwise stated at checkout. You represent that any payment information you provide is accurate and that you are authorized to use the designated payment method. Applicable sales tax will be added at checkout as required by law, including for orders shipped to or originating from Rhode Island.
6. Orders & Order Acceptance
Your submission of an order constitutes an offer to purchase. All orders are subject to our acceptance, which we may decline or cancel for any reason, including suspected fraud, pricing errors, or unavailability of product. If we cancel an order after payment has been collected, we will issue a full refund to your original payment method.
7. Shipping & Delivery
Estimated shipping and delivery timeframes are provided at checkout and are not guaranteed. Risk of loss and title for products pass to you upon our delivery to the carrier. We are not responsible for delays caused by the shipping carrier, customs, weather, or other events outside of our reasonable control.
Note: Please inspect your order promptly upon delivery and report any damage, defects, or discrepancies within the timeframe described in our Shipping & Returns information.
8. Returns, Exchanges & Refunds
Due to the personal-care nature of hair products, all sales are generally final unless the item received is defective, damaged in transit, or materially different from what was ordered. Any eligible return or exchange request must be initiated within the timeframe stated on our Shipping & Returns page and prior to the wig or bundle being worn, altered, or styled.
Approved refunds will be issued to the original method of payment within a commercially reasonable time after we receive and inspect the returned item. Shipping charges are non-refundable unless the return is a result of our error.
9. Intellectual Property
All content on the Site — including but not limited to text, graphics, logos, product photography, videos, and the overall “look and feel” of The Diamond Effect, Diamond Wig Boutique, Diamond Beauty, and Diamond Active — is the property of the Boutique or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, publicly display, or create derivative works from any content on the Site without our prior written consent.
10. User Conduct
When using the Site, you agree not to:
- Violate any applicable local, state, national, or international law;
- Interfere with or disrupt the operation of the Site or servers/networks connected to the Site;
- Attempt to gain unauthorized access to any portion of the Site, other accounts, or systems;
- Use any automated system, including “bots” or “scrapers,” to access the Site without our express permission;
- Submit false, misleading, or fraudulent information, including in connection with an order or payment.
11. User-Generated Content
If you submit reviews, photos, comments, or other content to the Site or tag us on social media, you grant the Boutique a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, and display that content in connection with operating and promoting the Boutique. You represent that you own or have the necessary rights to grant this license and that your content does not infringe the rights of any third party.
12. Disclaimers of Warranties
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOUTIQUE AND ITS OWNERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR YOUR ORDER EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Boutique and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any rights of a third party.
15. Privacy
Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site, you consent to the data practices described in our Privacy Policy.
16. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and dispute resolution provisions) shall survive.
17. Governing Law & Dispute Resolution
These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of laws principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Providence County, Rhode Island, and you consent to the personal jurisdiction of such courts and waive any objection to venue in those courts.
Prior to filing a claim, you agree to first contact us to attempt to resolve the dispute informally. If a dispute is not resolved within 30 days, either party may proceed with formal legal action consistent with this section.
18. Changes to These Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
19. Severability & Waiver
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
20. Contact Us
If you have any questions about these Terms, please contact us through the Contact page on our Site, or email us at:
The Diamond Effect
diamondwigboutique@gmail.com
