FCRF Shop and General Terms and Conditions

FCRF Shop and General Terms and Conditions

Updated on December 1st 2022

Checkout T&C 

I agree to the following terms of purchase

When accessing the FCRF online shop, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way, the content of the shop products for any purpose whatsoever. The purchase of a product does not grant any licences or rights to use any of our intellectual property rights.

All items purchased are for the sole use of the buyer (individual or organizational) and will not be distributed and/or re-sold to any third party. The buyer undertakes the obligation not to copy, distribute, share or otherwise broadcast any items purchased from the FCRF.

The following terms and conditions relate to purchases made at the FCRF online shop. All orders are subjected to product availability. All prices listed on the online shop are correct at the time of purchase. However, the FCRF reserves the right to change the price of any product at any time.

No contract for the sale of any product will exist until a confirmation of payment is made by emailing the confirmation invoice to the email address provided in your purchase form, including: product details and price, payment type and shipping address. The customer is responsible for checking that the details on the confirmation invoice are correct and contacting the FCRF on shop@fcresearch.org as soon as possible if any details are found to be incorrect.

Depending on where you are in the world, your order from the online shop may be subject to a sales tax that is calculated in advance, as part of your purchase. You will be notified at the time of your purchase if this sales tax is applicable. The total price of your order, including any sales taxes, will be displayed prior to your purchase confirmation.

Any item which is found to be damaged or incomplete should be reported to the FCRF by email to: shop@fcresearch.org as soon as possible but no later than 14 days after sale date. The FCRF will take all reasonable steps to provide a replacement item or refund the cost of the item. 

We can deliver to all the countries that are listed in the drop-down menu at the checkout page. If your country is not there, we are sorry that we cannot deliver to you at the moment. However, please contact us at shop@fcresearch.org to check if we can arrange for a third party shipping for an additional fee.

When you purchase a digital product through the online shop we will immediately send you an email containing a link, from which you can download the digital products you have purchased. You can download any digital product purchased straight away, with no time limit. You can only use your digital product for personal, non-commercial purposes. You may not share any digital product purchased by you by forwarding or sending it to someone else. Once the item has been sent, cancellations will not be accepted.

Purchased items are non-exchangeable, non-transferable and non-refundable, except where the registered user can prove that the item was faulty or incorrectly supplied. 

All intellectual property rights, including copyright, in the content of the Fancy Color Research Foundation (the FCRF) web pages, products and trademarks, logos and service marks displayed on the site are owned, controlled and licensed by the FCRF. In accessing the FCRF online shop, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the shop products for any other purpose whatsoever and these Terms do not grant any licences or rights to use any of our intellectual property rights.

All communication with the FCRF in respect of the purchase of items should be done by email to shop@fcresearch.org 

General terms of use

  1.   The use of the Internet site (the “Site”) of The Fancy Color Research Foundation (the “FCRF“) is conditional upon consent to the following Terms and Conditions (the “Terms”). By accessing the Site, you are expressing your consent to these Terms; if you do not agree with any of these Terms, do not access or otherwise use this site.
  2.   The Site url: https://www.fcresearch.org/ is owned and operated by FCRF.
  3. Additional services may be supplied by the FCRF. Therefore, additional Terms and conditions, policies, and instructions may apply. Such additional Terms, policies, and instructions will be displayed in connection with the relevant service. As used herein “Terms” also includes such additional terms, policies and guidelines. If there is a conflict between these Terms and any such additional Terms, policies or instructions, the additional Terms, policies or instructions will prevail for that conflict.
  4. Unless otherwise specified, all references to “Site” include the content and services available through the site, including copyright and distribution and presentation rights in all of the Site’s content, including all information presented in any way, text, software, pictures, clips, graphics, compilations, including indexes and their names, designs, voice files, video files, picture files and other files appearing on the Site (hereinafter referred to as the “Information”) fully belong to the FCRF or to third parties who have vested the FCRF with use rights therein.
  5. The Information is intended for the personal use of the user alone, and no other use may be made thereof, commercial or otherwise. The Information may not be made public and no product originating in the Information may be published, whether printed or stored on any magnetic or optical means, or any other means, without the FCRF’s prior written approval and in accordance with its Terms.
  6. The Information may not be copied, duplicated or printed for distribution or publication in any way, without the FCRF’s prior written approval and in accordance with its Terms.
  7. The Information presented on the Site is provided for informational and educational purposes only, and does not constitute a solicitation, offer, opinion or recommendation by the FCRF to buy or sell fancy color diamonds. Nothing contained on the Site should be construed as advice, suggestion, and recommendation. Advice from a fancy colors diamond professional is strongly advised. Neither the FCRF nor any of the FCRF’s officers, employees, directors or agents has made any recommendations regarding the merit of any fancy color diamond identified on the Site, made any recommendation regarding the purchase or sale of any fancy color diamond, or endorsed or sponsored any fancy color diamond or market participant identified on this Site.
  8. The Information was obtained by the FCRF from sources believed by the FCRF to be accurate and reliable.  However, because of the possibility of human and mechanical error as well as other factors, the FCRF is not responsible for any errors or omissions and FCRF provides no warranty with respect to the Information. The FCRF makes no representations and disclaims all express, implied and statutory warranties of any kind to any user and/or any third party, including any warranties of accuracy, timeliness, completeness, merchantability and fitness for any particular purpose.
  9. The Site may contain information regarding traded fancy color diamonds, and etc. No statement on this Site is to be construed as a recommendation to purchase or sell a fancy color diamond, or to provide purchase or sell advice.
  10. The Site may contain PAST PERFORMANCE WHICH ARE NO GUARANTEE OF FUTURE RESULTS. The user is cautioned not to put undue reliance on any past performance information as forward-looking analysis.
  11. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, THE FCRF SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY) TO ANY USER AND/OR ANY THIRD PARTY.
  12. THE FCRF SHALL UNDER NO CIRCUMSTANCE BE LIABLE TO ANY USER (AND/OR ANY THIRD PARTY) FOR ANY LOST PROFITS OR LOST OPPORTUNITY, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF THE FCRF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  13. Some countries and certain U.S. states provide rights in addition to those stated here, or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, these limitations may not apply to you or there may be state provisions that supersede the above. Any clause of these Terms of Use declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder. The Terms may only be amended in writing, signed by the FCRF and are governed by the laws of the State of Israel.
  14. The aforementioned shall apply mutatis mutandis to third parties information providers and  the information provided by them.
  15. The Information shall not be considered a recommendation or advice to act in one way or another in connection with the making as sale buy appraisal or any other decisions regarding the fancy color diamond.
  16. The user acknowledges that the FCRF shall not be liable for any defect, mistake, error or inaccuracy in the Information (hereinafter referred to as “Defect”) and that it is not undertaking to ensure that the Information will always be up to date.
  17. The user exempts the FCRF from liability for any Defect or for any damage sustained by or caused to him as a result of the use of the Site and/or the Information.
  18. Each user agrees to indemnify and hold harmless the FCRF and its officers, directors, employees, and agents from any and all claims and losses imposed on, incurred by, or asserted as a result of or related to: (a) any noncompliance by user with these Terms of Use; or (b) any third-party actions related to reader’s receipt and use of the Information.
  19. The FCRF shall not be liable in any way for the content of articles/reports that are presented on the Site. Full liability for these articles/reports rests with the data information providers.
  20. The historical data (Fancy Color Diamond Index) published on the Site are as computed by the FCRF and they are presented “as is”.  The FCRF reserves the right to change the ways of computing or displaying the historical data at any time.
  21. The FCRF Site includes the content and services available through the site (hereinafter referred to as the “Services“).
  22. The use of the Services is only intended for personal use and sole liability in respect thereof shall rest with the user. The use of the Services is not a replacement for consultation with experts in the field. The user shall be fully liable for any decision made in reliance upon the Services.
  23. Additional services may be supplied by the FCRF. Therefore additional terms and conditions, policies, and instructions may apply. Such additional terms and conditions, policies, and instructions will be displayed in connection with the relevant service. As used herein “Terms” also includes such additional terms, policies and guidelines. If there is a conflict between these terms and conditions and any such additional terms, policies or instructions, the additional terms, policies or instructions will prevail for that conflict.
  24. Links to other sites from the Site are intended for convenience purposes only and the FCRF shall not be liable for the content of these other sites, their terms of use, and privacy policies. The user alone shall be liable for accessing these sites and for using the information appearing on them.
  25.   The FCRF reserves its right to alter the site and the information at any time.
  26.   (a) The use of the Site and any matter and dispute concerning its use shall be governed solely by the laws of the State of Israel; (b) The competent courts in the District of Tel Aviv-Jaffa are vested with sole jurisdiction to hear any matter and dispute concerning these terms and conditions and the Site’s use.

Protection of Customer Data

The FCRF will implement and maintain technical and administrative safeguards, designed to protect Customer Data provided and obtained by the FCRF through the use of the Website.

Privacy Policy

This Privacy Policy forms part of the Terms & Conditions (the “Terms”) for use of this Web site. The user should review the Terms, as using this Site and any dispute arising under this Privacy Policy is subject to the provisions contained therein.  By accessing the Site, the user is expressing his consent to the provisions of this Privacy Policy.

Purpose

This Privacy Policy summarizes the type of information, including personally identifiable information, that the FCRF collects through the Site and how the FCRF may use that information. By using the Site, the user consents to the collection and use of this information by the FCRF.

Collection and Use of Information

For each visitor to the Site, the FCRF web server automatically recognizes and collects the domain name of the user internet provider and other information (but not the user email address), which does not identify the user personally. This information may be used to improve the content and usefulness of the Site and for marketing purposes.

The FCRF also collects, retain in its database, and use information voluntarily provided by the user under the following circumstances:

  1.     As a rule, viewing the Site is anonymous and the user is not obliged to give any personal details. In order to receive some of the Services made available on the Site, the user will be required to give various personally identifying details (the “Identification Details”), such as a name, address, email address and mailing address. In addition, for the purpose of providing the Services and in order to make it easier for the user to receive the Services, the FCRF may use “cookie” technology that will store certain information on the user’s computer- This helps us provide you with an optimal experience when you browse our Site and also allows us to improve our Site. The user is not obliged to give any details to the FCRF, save if and insofar as he wishes to do so. However, it may not be possible to use certain features of the Site without giving the details noted in the forms as compulsory fields.
  2.     Identification Details shall be retained by the FCRF, which shall use them subject to the provisions of applicable law.
  3.     The FCRF and those with whom it contracts may use the Identifying Details given by the user on registering for the Services and/or at the time of using the Services in order to contact the user and keep him up to date regarding other services offered by the FCRF or by others with whom the FCRF has contracted. The FCRF may also use information provided by users as part of the statistical data stored by it for its internal uses and/or as part of the data transferred to a third party, provided that the information transferred to third parties does not identify the user by his name or other Identification Details.

The FCRF may also disclose your Identification Details in response to legal process, such as a court order or subpoena, and any Identification Details that you provide may be transferred in a merger, acquisition, restructuring, or other corporate transaction involving the FCRF or its assets.

Security of the Site

The FCRF takes reasonable precautions to secure the Site, including the Identification Details given by users for the purpose of receiving the Services. Nonetheless, particularly because the Site is connected to the Internet, the Site, the information systems, and the communication cannot be fully secured against penetration by unauthorized entities.  A user giving Identification Details that are required in order to receive the Services must take this fact into account before giving such details.

The FCRF shall not bear any liability if, despite its reasonable security precautions, the Site and/or the Identification Details given by users are accessed illegally or without authorization, including liability for use of Identification Details by anyone who has obtained the information illegally or without authorization.

Changes and Modifications

The FCRF reserves the right to change or replace this Privacy Policy at any time. Changes will be posted here before the new Privacy Policy becomes effective. Please review this page periodically to remain appraised of our current policies and practices.

Links

The Site may contain links to other sites. The FCRF has no control over the information and privacy policies and practices of those Web sites, and is not responsible for their content, collection and use of information, or freedom from errors or viruses. It is your responsibility to recognize, by paying attention to your browser’s address bar, when you are leaving the site.

Distribution Lists

By registering for the FCRF membership, purchasing a product or filling a contact form you hereby agree to subscribe to the FCRF mailing list. You may unsubscribe by sending an Unsubscribe email to info@fcresearch.org  

Service Contact:  Contact info@fcresearch.org  for any information and assistance.