Terms & Conditions
Last Updated: May 8, 2018
Welcome to the Mondiamo.com website (the “Site”). This Site is owned and operated by Mondiamo (“Mondiamo”). Mondiamo operates in full compliance with Second Hand Dealer License number2038799-DCA issued by New York City Department of Consumer Affairs. The following terms and conditions (the “Terms), along with the terms set forth in forms submitted by you through the Site when using the services offered by us through the Site, constitute a legally binding agreement between you and Mondiamo and it successors, assigns and affiliates. We may add additional Sites or services and these Terms will govern those new Sites and services when added. You may be accessing our Sites from a computer or a mobile device and these Terms govern you use of our Site and your conduct, regardless of the means of access. We refer to ourselves throughout the Site and in these Terms and Conditions as “Mondiamo”, “we”, “us” or “our”.
Please read these Terms carefully before using the services offered through this Site. By using the Site, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms. We may further confirm your agreement to and acceptance of these Terms or portion thereof by requiring you to affirmatively assent to the same (e.g., by clicking an 'I Accept' button) in connection with the services provided by us. If you do not agree to any of these Terms, then you may not access the website or use the services offered by the Site.
We reserve the right to change or modify any of the Terms from time to time at any time, without notice and in our sole discretion. If we decide to change these Terms, we will post a new version to the Site and update the date set forth above. Any changes or modifications to these Terms will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms, including their dates, to understand the terms and conditions that apply to your use of the Site.
TERMS & CONDITION OF PURCHASE
Requirement for Use
You (“Seller”) must be and by using this site and receiving any valuation, offers, or other materials from us and by sending to us any diamond or diamond jewelry for evaluation or sale (“Articles”) or otherwise conducting business with us, you represent and warrant that you are:
- at least twenty-one (21) years of age;
- you are acting on your own behalf, and not as another’s agent or representative;
- the actual legal owner of all right title and interest in and to any and all Articles that you offer to sell or sell to us, free and clear of all claims, liens, and/or encumbrances that might adversely affect the value or your ability to sell to us;
- agreeing to and will indemnify and hold harmless Mondiamo and its parent, successors, subsidiaries and affiliates from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any Article(s) sold, or purported or arranged to be sold by you to Mondiamo; and
- Intending and agreeing to be legally bound by these terms and conditions.
Submitting Your Article
- Apply online to sell your Article
- By filling out our Request an Offer online form (the “Request”), you are requesting a quote to sell Article(s) owned by you. The more accurate and detailed description you can provide us, the more likely it is that we will be able to provide you with an accurate quote for the Article(s) value.
- When you fill out the Request, you will be asked to provide us with your personal information, a complete and accurate description of the Article including GIA grading report number(s) (if available).
- Once we receive your completed Request, we may issue a minimum guaranteed cash offer for the Article(s) (“Offer”).
- The minimum guaranteed offer is the minimum amount that Mondiamo will pay for your Article(s) should it pass our physical inspection.
- After receiving your Offer and if you wish to sell your Article for the minimum guaranteed amount, you must accept the Offer by email prior to the offer expiration date.
- We reserve the right to refuse to issue an Offer on any Article(s) for whatever reason at our sole discretion. Should this happen, Seller will be notified via email.
- Physical inspection
- Offers are not final until Mondiamo physically inspects and authenticates Article(s). Mondiamo reserves the right to increase or cancel an Offer at any time. In the event that Mondiamo cancels an offer, Mondiamo will ship the Article back to the Seller, free of charge.
- Physical inspection is done in Mondiamo’s New York evaluation center. All inspections are video recorded and performed by certified gemologists.
- Articles for evaluation
- Mondiamo accepts Articles for evaluation
- You will be required to sign an agreement for us to remove the diamond from the setting in order for us to properly evaluate the Article
- After evaluating the Article, Mondiamo may issue an Offer
- If you accept the Offer, you can accept the Offer online or by email using the Acceptance Form
- If you do not accept our Offer, your Article will be returned to you insured up to the offer amount.
- The Article will be returned in it’s unmounted or unset condition. It is the Seller’s responsibility to re-set or re-mount the diamond at the Seller’s own expense.
- Mondiamo is not responsible for any damage(s) to the setting or diamond as a result of removing the diamond from the setting.
- Mondiamo accepts Articles for evaluation
- Shipping and insurance
- Once the offer is accepted, Mondiamo will send to you a free, insured shipping kit. A FedEx label is included in the kit.
- Seller is responsible for packing and shipping the Article in accordance to Mondiamo’s packing instructions which is included in the shipping kit and available online under FAQ. If you fail to comply with the packing instructions in any way as determined by Mondiamo sole discretion, Mondiamo will have and assumes no liability whatsoever for any damage, loss, claim or insured value arising in connection with the Article(s).
- Mondiamo reserves the right to reject delivery of any package which appears to be opened, damaged or tampered with in any way.
- Your Article(s) is only insured up to the offer amount if you use the FedEx label provided by Mondiamo. Please note that you will have up to 7 10 days to use the label. Mondiamo is not responsible for delivery costs and related insurance if Seller does not use the shipping label provided by Mondiamo.
- The value of the insurance is based on the offer price. If you are submitting an Article for evaluation only, the insurance value will be will be determined by Mondiamo in its reasonable discretion and will be based on a review of the information about the Article provided by the Seller. Mondiamo will provide a good faith assessment of the insurance amount for these purposes; however, Mondiamo shall not be liable for any discrepancy or under-insured amounts. The insurance amount will be communicated to Seller via email. If the Seller does not object then this insurance amount will be considered as accepted by the Seller.
- Articles sent to Mondiamo for evaluation will be insured up to the agreed amount of the insurance by Mondiamo’s third party insurance carrier.
- Seller's recourse is limited to seeking recovery through the insurance policy and only up to the agreed amount of insurance.
- Mondiamo will use all reasonable efforts to ensure payments are process within three business days of receiving the Article.
- Payments can only be issued to the Seller. In order to issue payment:
- You will be required to complete and sign an Offer Acceptance Form (“Acceptance”). By signing the form you will agree to:
- sell your Article to us at the offer price;
- that you are the rightful owner of the Article;
- that the Offer is contingent upon physical inspection;
- that the sale will become final once Mondiamo issue payment for the Article
- that the insurance value shall be the offer price.
- In order to comply with New York State law and the USA Patriot Act, we are required to obtain the following information from you in order to issue payment:
- A copy of your government issued identification – acceptable IDs are copy of your Driver’s License, Passport, Passport Card, Military ID, or State Non-Drivers ID.
- Proof of address (if different from Driver’s License) – acceptable proof of address are utility, medical or credit card bills.
- Proof of ownership (if available) – A purchase receipt or insurance policy under your name, or any other legal document that can reasonably prove ownership.
- Mondiamo offers two method of payment for your Article:
- Bank wire transfer - Mondiamo will transfer the fund directly to your account. Bank wires typically take 2-3 business days to appear in your account. Mondiamo will not be responsible for any transaction fees charged by your bank
- Check – Checks are sent from New York to the proof of address that you have provided to us. All checks are sent via regular mail to the proof of address provided by the Seller.
- You will be required to complete and sign an Offer Acceptance Form (“Acceptance”). By signing the form you will agree to:
- Return of Setting
- Seller can request Mondiamo to return the setting and to sell to Mondiamo only the diamond(s) contained in the setting
- Seller shall notify Mondiamo if they wish for the setting to be returned
- Mondiamo reserve the right to modify its Offer if the Offer contains a value for the setting
- Seller shall sign a waiver to remove the diamond(s) from the setting
- Mondiamo is not responsible for any damage to the setting as a result of removing the diamond(s)
- The setting shall be returned to the Seller with an insured value determined by Mondiamo in its reasonable discretion. In no case, shall the insured value exceed $500 unless specific insurance value is pre-arranged for your setting and agreed upon by Mondiamo.
- Seller can rescind their acceptance of the offer any time prior to payment issued by Mondiamo. In such a case, the Article will be returned to the Seller insured up to the amount of the offer.
- Once payment of the agreed amount has been issued by Mondiamo, the purchase is Final and non-cancellable.
The trademarks, service marks, and logos of Mondiamo used and displayed on the Site are registered and unregistered trademarks or service marks of Mondiamo. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (“Third-Party Trademarks”, and, collectively with the Mondiamo Trademarks, the ““Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Mondiamo Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Material may be retransmitted without our express, written consent for each and every instance.
- Use of Third Party Service Providers by Mondiamo
- Use Of Software, Content, And Other Intellectual Property
LINKED SITES AND PLATFORMS
Other Websites, Apps and Services: As a convenience to you, we may provide links to third party websites, apps or services from within the Website. We are not responsible for the privacy practices or content of these third party sites, and by providing a link we are not endorsing or promoting such third party sites. When you link away from our Website, you do so at your own risk. We encourage you to read the policies and terms of every website, app or service you visit.
Social Networking Websites: The Website may integrate with social networking services, including Facebook, Twitter, Instagram, Snapchat and Pinterest. For example, you may be given the option to log in, access or register for the Website through the use of your user name and passwords for certain services provided by third parties such as Facebook. In addition, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you. You understand that we provide you with the ability to use such services in connection with our Website merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly. We do not control such services and are not liable for the manner in which they operate, and in many cases, we are not a party to and do not receive access to the information collected by these services. Please carefully read the policies and terms of every social networking service referenced on our Website before using our Website. Finally, please be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties.
Personally Identifiable Information That We Collect: The provision of your personally identifiable information to us is completely voluntary; it is not a statutory or contractual requirement. We do not collect personally identifiable information about you unless that information is provided to us by our partners, is collected via third party social networking services (in which case such information collection is detailed on that social networking service’s policies and terms), or you voluntarily submit that information to us. Information provided via social networking services is generally provided to us if you use your user name and password for those social networking services to log in to our website. With respect to information you voluntarily submit to us, this information can be provided through our log in, contact or registration pages; by editing your account; by filling in any forms we provide or radio buttons we request executed; by providing feedback, reviews or user-generated content or interacting with our customer service personnel; by using our chat or communication channels with other users or utilizing our other community features; by communicating with us via email (including in connection with a transaction); by providing us with a Request or providing information attendant to the acceptance or rejection of a Conditional Offer or Final Offer (as those terms are defined in the Terms and Conditions for this Website) or any shipping, insurance or other items related thereto; by providing information to facilitate payments to you or your accounts; or by some other means including your consent. The personally identifiable information which is provided to us or which you may provide to us could include your name, date of birth, gender, telephone number, email, physical address, screen or user name, profile picture, and IP address. It may also include information necessary to process your payments, including a copy of your Driver’s License, Passport, Passport Card, Military ID, or State Non-Drivers ID (including any numerical identifiers connected thereto); proof of address such as utility or credit card bills; a purchase receipt or insurance policy indicating ownership of the Article(s) (as that term is defined in the Terms and Conditions for this Website); and bank account to deposit payments.
Non-Personal Or Aggregate Information That We Collect: When you visit or use the Website, our partners may provide or you may voluntarily submit non-personally identifiable information to us through the means detailed in the previous section. This information may include a detailed description of the Article(s) at issue, including the GIA grading report numbers for those Article(s). Further, we may automatically collect certain non-personally identifying information about you, including without limitation device usage data, the type of browser or device operating system you use, the domain name of the website from which you linked to us, the amount of time you spend on the Website and the pages on the Website that you view. We may also aggregate information collected from you with information from our other users (such as the number of users in a particular region or having particular demographic characteristics).
Personally Identifiable Information - Information Usage and Disclosure: The legal basis for our processing of your personally identifiable information is that it is necessary for the performance and fulfilment of the contract between us and to provide you with our services. We will only use your personally identifiable information as described below:
- We will use personally identifiable information to operate the Website and to provide you with any specific products or services that you have requested, including the processing of Requests, Conditional Offers, Final Offers, Acceptance (as that term is defined in the Terms and Conditions for this Website) and shipping, insurance and payment related thereto.
- We may share your personally identifiable information with our affiliates for their benefit and with third parties such as our partners, vendors and subcontractors for our benefit. To opt out of such disclosures, please see the “Opt Out” section below.
- We may use your personally identifiable information to respond to your direct inquires.
- We will use your personally identifiable information to add you to our mailing lists and to send you emails from time to time.
- We may disclose personally identifiable information as required by law or legal process.
- We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the policies for the Website.
- We may transfer your personally identifiable information in connection with a bankruptcy proceeding or the sale, merger or change of control of Company or the division of the Company responsible for the services with which your personally identifiable information is associated.
- When you submit a resume or job application through our Website, we may share those documents and the information therein with our third party service providers that help us manage personnel matters. They may only access and use such records in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
Please note that we will also process, transfer, disclose and preserve personally identifiable information when we have a good faith belief that doing so is necessary. If you specifically consent to additional uses of your personally identifiable information, we may use your personally identifiable information in a manner consistent with that consent. Finally, we reserve the right to supplement your personally identifying information with information we gather from other sources which may include information we gather from online and offline sources.
INTEREST BASED ADVERTISING
Interest Based Advertising: We may ourselves, or with third party vendors, use non-personally identifiable information in connection with our own or vendor information to deliver targeted advertising to you when you visit other websites or our Website. Cookies, clickstream data, and other similar technologies described below may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on our Website or other websites you view with information on that product. This form of advertising, sometimes called “behavioral advertising” or “interest based advertising” is based on anonymous information and not on any personally identifiable information. As a result, we and our vendor know your interests, but cannot personally identify you in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, please follow the opt-out process described below under “Opt-Out.”
Cross Device Matching: We use non-personally identifying information to facilitate cross device association. We or our third party vendors analyze device activity data using a mathematical tool known as a “probabilistic algorithm” to determine if you have interacted with content across multiple devices and to match such devices. In connection with this analysis, we may rely on non-personally identifiable information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies or we may use the non-personally identifiable information we collect in conjunction with such third party data. Based on this data, we may then display targeted advertisements across devices that we believe are associated and may provide other services to our advertisers such as tools, analyses, data and insights to see how their website is used and to further enable the display of targeted advertisements to you, including across your devices. For further instructions on restricting our use of certain cross-device data, please see “Opt-Out,” below.
Clickstream Data: As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the website from which you linked to the Website. We may collect and use clickstream data to anonymously determine how much time visitors spend on websites, how visitors navigate throughout websites and how we may tailor our website to better meet consumer needs. This information will be used to improve our website and our services. Any collection or use of clickstream data will be anonymous, and will not intentionally contain any personally identifiable data.
Security and Data Retention: We have undertaken and will undertake commercially reasonable efforts designed to prevent unauthorized access to user data retained in our servers, however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Websites and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your personally identifiable information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your personally identifiable information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
Children: Our Website is designed for those thirteen (13) years of age and older. We do not knowingly collect information from anyone under the age of thirteen (13). If we are made aware that we have received such information, or any information in violation of our policy, we will use commercially reasonable efforts to locate and remove that information from our records.
Personal Information Opt-Out: If you do not want us to retain or use your personal information, you may withdraw your consent by contacting us at firstname.lastname@example.org.
Cookie Opt-Out: As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences, in which case you may still use our Website, but it may interfere with some of its functionality. Please note that cookie-based opt-outs are not effective on many mobile devices. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
Google-Analytics Opt-Out: You may opt out of data collection via Google Analytics through the installation of the Google Analytics opt-out browser add-on. More information about this add-on can be found at https://tools.google.com/dlpage/gaoptout.
Location Opt-Out: You may also adjust the settings on your mobile device to allow or restrict the sharing of location information. For example, the "location" permissions on your mobile device may allow you to elect whether to never share location information with us, to share location information only while you are using the Website, or always share location information even if you are not using the Website. If you elect to not share your location information, you may be unable to access some features of our Websites that are designed for mobile devices. Also, in the event that you prevent the sharing of location information, we may still estimate your general location based on the IP address you use to access our Website.
Interest Based Advertising Opt-Out: We may, and may work with third parties, to use non-personally identifiable information to deliver targeted advertisements to you based upon your online activities and other information. The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.
Do Not Track: Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.
California Privacy: Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship (a) a list of the categories of personally identifiable information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us at email@example.com. If you do not want your personally identifying information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at firstname.lastname@example.org.
CROSS BORDER TRANSFERS & GDPR
EU Data Subject Rights: If you are a resident of the European Union (“EU”), under the General Data Protection Regulation (“GDPR”), you, as a data subject, have the following rights:
- Right to access – This right allows individuals to obtain confirmation as to whether or not personally identifiable information concerning him or her is being processed and provides access to such personally identifiable information. It also allows individuals to request details of the processing of his or her personally identifiable information, including, without limitation, categories of recipients to whom the personally identifiable information have been or will be disclosed and purposes of processing.
- Right to rectify – This right allows individuals to rectify any inaccurate personally identifiable information about him or her.
- Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
- Right to be forgotten – This right is also known as the “right to erasure.” It is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
- Right of data portability – This right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
- Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.
To exercise your rights under the GDPR, please contact us at email@example.com.
Our best in class service providers