Terms of Services 

These terms and conditions apply to the Shiv Shambu website located at www.shivshambu.net, and all associated websites linked to www.shivshambu.net by Shiv Shambu, its subsidiaries and affiliates, including Shiv Shambu's sites around the world (collectively 'the Site'). Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase from, the Shiv Shambu Site, and constitute an agreement between you and Shiv Shambu. Shiv Shambu reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Product Availability

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third-party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third-party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

If you're interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

Pricing

Data including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at support@shivshambu.net or 1-212-937-0765.

We do not negotiate prices on our products and all our prices are final.

Payment Information

After you have selected your jewelry and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method.

Diamond Certificates

When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories - making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of US$300 (or equivalent amount in other currencies).

Comparison Purchasing

To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact one of our diamond and jewelry experts at support@shivshambu.net or 1-212-937-0765, and we would be happy to help you make your choice.

Information On Our Site

At Shiv Shambu, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Shiv Shambu states that carat total weight in all purchases may vary 0.05 carats from stated weight.

On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine-made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more.

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.

Change of Terms

Shiv Shambu 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 Shiv Shambu may give by any means, including, without limitation, by posting the revised Conditions on the Shiv Shambu Site. You are responsible for reviewing the Shiv Shambu 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 Shiv Shambu 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.

Content

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 Shiv Shambu or its affiliates, licensors 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 Shiv Shambu Site is owned by or licensed to Shiv Shambu. 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 Shiv Shambu Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Shiv Shambu Site without the written permission of Shiv Shambu or any third party that may own such trademarks or service marks. Shiv Shambu will aggressively enforce its intellectual property rights to the fullest extent of the law.

Trademarks

Shiv Shambu, the Shiv Shambu logos, and any other product or service name or slogan contained on our Site are trademarks of Shiv Shambu and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shiv Shambu or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Shiv Shambu" or any other name, trademark or product or service name of Shiv Shambu without our prior written permission. All other trademarks, registered trademarks, product names and Shiv Shambu names or logos mentioned on our Site are the property of their respective owners.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Shiv Shambu has the sole discretion to terminate and bar specific website users or Shiv Shambu account holders who under appropriate circumstances are determined to be repeat infringers. Shiv Shambu further reserves the right to limit access to this website and/or terminate the account of any users whom Shiv Shambu reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.

Advertisements and Promotions

Shiv Shambu may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Shiv Shambu is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Shiv Shambu and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

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, Shiv Shambu, or the Shiv Shambu products or services that are provided by you to Shiv Shambu in any form are not confidential and upon submission, shall become the sole property of Shiv Shambu. Shiv Shambu 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 Shiv Shambu and its sublicensees 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.

SMS Terms And Conditions

By signing up for Shiv Shambu’s Shipping Status Notifications text messages, You agree to receive periodic transactional text messages from Shiv Shambu. These messages are intended to update you about the status of your order, and will be sent after you have made a purchase when that order status has changed.

This is a standard rate SMS/MMS program and message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

You may receive help or more information by texting HELP to the five-digit short code from which you received a message, or contacting Shiv Shambu’s Customer Service at support@shivshambu.net or 1-212-937-0765.

To opt-out, text STOP to the five-digit short code from which you received a message. After opting out, you will receive a one-time confirmatory text message acknowledging that you have been opted out of receiving further text messages.

Indemnification

You agree to defend, indemnify and hold harmless Shiv Shambu, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Shiv Shambu 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.

Disclaimer Of Warranty

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHIV SHAMBU, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHIV SHAMBU DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. SHIV SHAMBU DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SHIV SHAMBU DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation Of Liability

IN NO EVENT SHALL SHIV SHAMBU, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHIV SHAMBU, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHIV SHAMBU'S RECORDS, PROGRAMS OR SERVICES.

Applicable Law And Venue

These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.

Cancellation;

Help You can opt out of receiving text messages from us at any time by texting the keyword “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE” or “QUIT” to our shortcode. In response, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include a “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE” or “QUIT” keyword command and agree that Shiv Shambu and its service providers used to provide the text messaging program will have no liability for failing to honor such requests.

If you change or deactivate your mobile number, please contact Shiv Shambu so that we may update our records and discontinue sending messages to your previously opted-in number.

For help, or if at any time you forget what keywords are supported and submit the provided form, or email support@shivshambu.net.

Disclaimer of Warranties

The Site, the content contained therein and the products provided in connection therewith are provided on an 'as is' and 'as available' basis. Shiv Shambu makes no representations or warranties of any kind, whether express or implied, as to the operation of the Site or the information, content, materials or products included on it. You expressly agree that your use of the 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, Shiv Shambu 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. Shiv Shambu does not warrant that the Site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.

Termination

Notwithstanding any of these Conditions, Shiv Shambu 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.

Dispute Resolution

You and Shiv Shambu each acknowledge and agree that, for any dispute, claim, or controversy between us, whether related to Shiv Shambu’s Site, products, services:

You and Shiv Shambu are each waiving the right to a trial by jury.

Any litigation shall be conducted in our individual capacities, and not as a class action or other representative action.

Any declaratory or injunctive relief may only be awarded on an individual basis and only to the extent necessary to provide relief warranted by the individual claims.

You and Shiv Shambu expressly waive any rights to file a class or representative action, or to seek relief on a class or representative basis. This means that you and Shiv Shambu may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity.

Notwithstanding the above, you and Shiv Shambu each retain the right to participate in class-wide settlement of claims.

You and Shiv Shambu each further acknowledge and agree that, if this Section or any portion of it is determined to be invalid, illegal or unenforceable, the remaining portions of this Section and these Conditions will not be affected or impaired, and shall be considered valid and enforceable, and therefore shall be enforced to the greatest extent allowed by law.

Questions & Contact Information

If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at support@shivshambu.net or 1-212-937-0765. These Terms and Conditions do not apply to content provided by the Jewelers Mutual Insurance Group. Terms and Conditions updated on July 16th, 2024.