Terms of service

1. Definitions

"Agreement" refers to these Terms and Conditions.

"User" or "you" means any individual accessing or using the Site.

"Services" refers to the Site and any related services provided by the Company.

"Content" means all text, graphics, images, software, and other materials available on the Site.

"Products" refers to any goods offered for sale on the Site.

2. Acceptance of Terms

By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions referenced herein or available by hyperlink.

3. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our Site. By using the Site, you represent and warrant that you meet the eligibility requirements.

4. Site Use

4.1 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site. This license does not include any resale or commercial use of the Site or its Content.

4.2 Restrictions

You agree not to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission from us.
• Use any meta tags or other hidden text utilizing our name or trademarks without our express written consent.
• Use the Site in any manner that could damage, disable, overburden, or impair any of our servers or networks.

5. User Accounts

5.1 Account Registration

• Accuracy: You agree to provide accurate, current, and complete information during the registration process.
• Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Notification: You agree to notify us immediately of any unauthorized use of your account.

5.2 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violations of these Terms.

6. User Conduct

You agree not to engage in any of the following prohibited activities:

• Illegal Activities: Using the Site for any unlawful purpose or in violation of any local, state, national, or international law.
• Unauthorized Access: Attempting to gain unauthorized access to other computer systems or networks connected to the Site.
• Interference: Interfering with or disrupting the integrity or performance of the Site.
• Data Mining: Using any automated means to access the Site for any purpose without our express written permission.
• Harassment: Harassing, abusing, or harming another person or entity.

7. Electronic Communications

By using the Site, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

8. Products and Services

8.1 Product Descriptions

We strive to provide accurate descriptions of Products. However, we do not warrant that the descriptions are complete, current, or error-free.

8.2 Product Images

Product images are for illustrative purposes only. Actual Products may vary due to product enhancements or your device's display capabilities.

9. Ordering and Payment

9.1 Ordering Process

• Placing an Order: You may place orders by following the instructions on the Site.
• Order Confirmation: Receipt of an order confirmation does not signify our acceptance of your order.

9.2 Payment Terms

• Payment Methods: We accept all major credit cards (Visa, MasterCard, American Express, Discover), Apple Pay, Google Pay, Affirm, PayPal, Afterpay, Zip, Shop Pay, and wire transfers.
• Billing Information: You agree to provide current, complete, and accurate billing information.
• Payment Timing: Payment is collected at the time of order placement.
• Taxes: You are responsible for paying all applicable taxes at checkout.

10. Pricing and Availability

10.1 Pricing

• Currency: All prices are listed in U.S. Dollars (USD).
• Price Changes: Prices are subject to change without notice.

10.2 Availability

• Stock Levels: Product availability cannot be guaranteed. We reserve the right to limit quantities.

10.3 Typographical Errors

In the event a Product is listed at an incorrect price due to typographical error, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. If your payment method has already been charged, we will issue a refund for the incorrect price.

11. Shipping and Delivery

11.1 Shipping Locations

We ship to the following countries:

• Australia
• Canada
• Denmark
• United Kingdom
• Germany
• Italy
• Spain
• Netherlands
• New Zealand
• Norway
• Saudi Arabia
• Sweden
• Switzerland
• Qatar

11.2 Shipping Methods and Costs

• Express Shipping: Estimated delivery time is 2 days.
• Overnight Shipping: Available upon request.
• Carriers Used: FedEx.

Shipping Costs:

Domestic Shipping (United States):

• Free Shipping: Orders over $499 qualify for free shipping within the U.S.
• Orders Under $499: Shipping costs are calculated at checkout based on destination and shipping method.

International Shipping:

• Shipping Costs: All international orders are subject to shipping fees calculated at checkout based on destination and shipping method.
• Free Shipping: We do not offer free shipping for international orders.

11.3 Shipping Policies

• Address Requirements:
  • We are unable to ship to any address other than the one provided at the time of checkout.
  • No Address Changes: Once an order has been placed, the shipping address cannot be modified.
• P.O. Boxes:
  • We do not ship to P.O. Boxes or APO/FPO addresses.
• Signature Requirement:
  • All deliveries require a signature upon receipt.
  • Adult Signature: An adult (18 years or older) must be present to sign for the package.
• Delivery Attempts:
  • The carrier will make up to three delivery attempts.
  • If delivery is unsuccessful after the final attempt, the package will be returned to us.
• Undeliverable Packages:
  • Packages returned to us as undeliverable will be subject to additional shipping fees for reshipment.
• Risk of Loss:
  • Risk of loss and title for Products pass to you upon our delivery to the carrier.
  • We are not responsible for lost or stolen packages after delivery has been confirmed by the carrier.

11.4 International Customs, Duties, and Taxes

• Client Responsibility:
  • International customers are responsible for any customs duties, local import taxes, and fees associated with their orders. These charges are not included in the item price or shipping cost.
• Customs Policies:
  • Customs policies vary widely by country. Please contact your local customs office for detailed information on these fees.
• Delays:
  • Customs clearance procedures may cause delays beyond our original delivery estimates. We are not responsible for delays caused by customs processing.

11.5 Delivery Timeframes

• Estimates: Delivery times are estimates and not guaranteed.
• Delays: We are not liable for delays due to customs, carrier issues, or unforeseen circumstances.
• Tracking Information:
  • Once your order ships, you will receive a shipping confirmation email with tracking details.

12. Returns, Refunds, and Exchanges

12.1 Return Policy

• Timeframe: You may return eligible Products within 14 days of delivery for a refund or exchange.
• Eligibility: To be eligible for a return, the Product must be:
  • In its original condition, unworn, and free from damage.
  • Accompanied by all original documentation, certificates, and packaging.
  • Purchased directly from Carat Perfect through our Site.
• Non-Returnable Items:
  • Custom or Engraved Items: Customized, engraved, or personalized Products are non-returnable and non-refundable.
  • Final Sale Items: Products marked as "Final Sale" at the time of purchase.
  • Special Orders: Items not regularly stocked or made to order.

12.2 Return Process

• Initiate Return: Contact our Customer Service within the 14-day return period at support@caratperfect.com or call (866) 986-0152 to obtain a Return Merchandise Authorization (RMA) number.
• Return Shipping: You are responsible for securely packaging the Product and shipping it back to us. We recommend using a trackable and insured shipping method.
• Return Address:

  Carat Perfect Returns
  1185 6th Avenue, 3rd Floor
  New York, NY 10036
  United States
              

• RMA Number: Clearly write the RMA number on the outside of the shipping package. Returns without an RMA number may not be accepted.

12.3 Condition of Returned Items

• Inspection: All returned Products are subject to inspection upon receipt. We reserve the right to refuse returns that show signs of wear, alteration, resizing, or damage.
• Original Documentation: Include all original certificates (e.g., diamond grading reports). Failure to return original certificates will result in a replacement fee of $250.

12.4 Refund Policy

• Processing Time: Refunds are processed within 7-10 business days after we receive and inspect the returned Product.
• Refund Method: Refunds will be issued to the original payment method used for the purchase.
• Restocking Fee: A 12% restocking fee will be deducted from your refund amount.
• Shipping Charges: Original shipping fees are non-refundable. If you received free shipping, the actual shipping cost will be deducted from your refund.

12.5 Exchange Policy

• Timeframe: Exchanges are allowed within the same 14-day return period.
• Process: To initiate an exchange, follow the same steps outlined in the Return Process (Section 12.2).
• Price Differences: If the new item has a different price, we will charge or refund the difference accordingly.
• Limitations: Custom or engraved items and final sale items are not eligible for exchange.

12.6 International Returns

• Customs and Duties: International customers are responsible for all customs duties, taxes, and fees associated with returning Products to us.
• Shipping Costs: We do not provide return shipping labels for international returns.

12.7 Defective or Incorrect Items

• Reporting Issues: If you receive a defective or incorrect Product, contact us within 5 days of delivery at support@caratperfect.com or (866) 986-0152.
• Resolution: We will arrange for the return and replacement of the defective or incorrect item at no additional cost to you.

12.8 Gift Returns

• Gift Recipients: If you received the Product as a gift, you may exchange it for an item of equal or greater value within the 14-day return period.
• Refunds to Gift Giver: Refunds can only be issued to the original purchaser's payment method.

12.9 Return Exceptions

• Altered Items: Products that have been resized, modified, or altered by a third party are not eligible for return or exchange.
• Damage from Misuse: Damage resulting from misuse, accidents, or unauthorized repairs is not covered under our return policy.

12.10 How to Prepare a Return

1. Contact Us: Obtain an RMA number by contacting support@caratperfect.com or (866) 986-0152.
2. Package Securely: Place the Product and all original documents in a secure shipping box.
3. Include Documentation: Include a copy of the original invoice and any other relevant documents.
4. Shipping Label: Use a trackable and insured shipping method. We recommend insuring the package for its full value.
5. Ship Promptly: Returns must be postmarked within 5 days of receiving the RMA number.

12.11 Limitation of Returns

• Excessive Returns: We reserve the right to refuse service to customers who demonstrate excessive return activity.
• Policy Changes: We reserve the right to modify our return policy at any time. Changes will be effective upon posting to the Site.

13. Gift Cards and Promotions

13.1 Gift Cards

• Expiration: Our gift cards do not have an expiration date.
• Limitations: Gift cards are non-transferable and cannot be redeemed for cash.
• Usage: Gift cards can be redeemed only on our Site for the purchase of Products.

13.2 Promotions

• Terms: Promotional offers are subject to specific terms and conditions provided at the time of the offer.
• Combining Offers: Promotions cannot be combined unless stated otherwise.
• Expiration Dates: Promotions have specified expiration dates, which are indicated in the promotional materials.

14. Warranty and Guarantee

14.1 Product Warranty

• Duration: We offer a six-month warranty against manufacturing defects.
• Claims: To make a warranty claim, contact us at support@caratperfect.com or call (866) 986-0152.
• Exclusions:
  • Normal Wear and Tear: The warranty does not cover normal wear and tear, misuse, accidental damage, or unauthorized alterations.
  • Loss or Theft: We are not liable for the loss, theft, or damage of any diamonds or gemstones sold, whether set or unset, after delivery has been completed.
  • Insurance Recommendation: Clients are expected to cover their purchases with appropriate insurance to protect against loss, theft, or damage after delivery.

14.2 Disclaimer of Warranties

Except as expressly provided, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

15. Intellectual Property Rights

15.1 Ownership

All Content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Carat Perfect or its content suppliers and protected by intellectual property laws.

15.2 Trademarks

• Carat Perfect Trademarks: We do not have registered trademarks at this time.
• Restrictions: You may not use our trademarks without our prior written consent.

15.3 License Restrictions

You may not:

• Modify or copy the Content.
• Use the Content for commercial purposes.
• Remove any copyright or other proprietary notations.

16. User-Generated Content

16.1 Submissions

You may submit reviews, comments, or other content ("User Content").

16.2 License Grant

By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, and display such content.

16.3 Content Standards

User Content must not:

• Be defamatory, obscene, or offensive.
• Infringe on any third-party rights.
• Contain viruses or harmful code.

16.4 Content Moderation

• Review Process: All User Content is subject to review and may be removed at our discretion.
• Reporting Mechanisms: Users can report inappropriate content by contacting support@caratperfect.com.

17. Feedback and Submissions

Any feedback, suggestions, or ideas you provide regarding the Site or Products ("Feedback") are non-confidential and become our sole property. We may use and disseminate such Feedback for any purpose without acknowledgment or compensation to you.

18. Third-Party Links and Services

Our Site may contain links to third-party websites or services. We do not control and are not responsible for the content or practices of these websites. Use of third-party sites is at your own risk.

19. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Site or any Service at any time without notice. We are not liable to you or any third party for any modification or discontinuation.

20. Disclaimers and Limitation of Liability

20.1 Disclaimers

• As-Is Basis: The Site and Products are provided "as is" without warranties of any kind.
• No Warranty: We do not guarantee that the Site will be error-free or uninterrupted.

20.2 Limitation of Liability

• Indirect Damages: We are not liable for any indirect, incidental, or consequential damages.
• Maximum Liability: Our total liability shall not exceed the amount you paid for the Product(s).

21. Indemnification

You agree to indemnify, defend, and hold harmless Carat Perfect and its affiliates from any claims, liabilities, damages, or expenses arising from your use of the Site or violation of these Terms.

22. Dispute Resolution and Arbitration Agreement

22.1 Binding Arbitration

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

22.2 Arbitration Procedures

• Location: The arbitration will take place in New York, NY.
• Number of Arbitrators: The arbitration shall be conducted by a single arbitrator.
• Exceptions: You may assert claims in small claims court if they qualify.

23. Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in a class action lawsuit or class-wide arbitration.

24. Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, or any other similar events.

25. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

26. Governing Law

These Terms are governed by the laws of the State of New York, USA, without regard to conflict of law principles.

27. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

28. Waiver

Failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

29. Survival

Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, and limitations of liability.

30. Notices

30.1 Method of Notice

All notices to us must be in writing and sent to:

• Email: legal@caratperfect.com
• Address:

  Carat Perfect Legal Department
  1185 6th Avenue, 3rd Floor
  New York, NY 10036
  United States
              

31. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Site. Your continued use signifies acceptance of the updated Terms.

Notification of Changes:

• Email Notification: Significant changes will be communicated via email to registered users.
• Website Notice: A prominent notice will be posted on the Site.

32. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Carat Perfect regarding your use of the Site.

33. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

34. Governing Language

These Terms are executed and interpreted in the English language. Any translations are provided for convenience only.

35. Age Restrictions

The Site is intended for users who are at least 18 years old or the age of majority in their jurisdiction. By using the Site, you represent that you meet these age requirements.

36. Export Policy

You acknowledge that the Products may be subject to export control laws. You agree to comply with all applicable export and import laws and regulations.

37. Price Match Guarantee

37.1 Eligibility for Price Match

We are committed to offering you the best value. If you find an identical product offered by an authorized retailer at a lower price, we will match that price subject to the following conditions:

• Identical Product: The item must be identical in brand, model, specifications, and certifications (e.g., diamond grading reports from GIA, AGS, etc.).
• Authorized Retailers: The lower-priced item must be sold by an authorized retailer located in the United States. Offers from unauthorized dealers, third-party marketplaces, auctions, or private sellers are excluded.
• Verifiable Price: The lower price must be current and verifiable by our team. Written quotes or advertisements must be provided as proof.
• Timeframe: The Price Match Guarantee is valid prior to your purchase or within 30 days after your purchase from Carat Perfect.
• Exclusions: Price matching does not apply to items sold as part of special promotions, discounts, clearance sales, liquidations, or limited-time offers.

37.2 How to Request a Price Match

To request a price match, please contact our Customer Service team at support@caratperfect.com or call (866) 986-0152 with the following information:

• Your Details: Full name, contact information, and order number (if applicable).
• Competitor Information: Name of the authorized retailer and a link to the product page or a copy of the advertisement.
• Product Details: Detailed description of the product, including specifications and certifications.

37.3 Verification and Approval

• Verification Process: Upon receiving your request, we will verify the lower price and the eligibility criteria.
• Decision Notification: We will inform you of our decision within 3 business days.
• Price Adjustment: If approved, we will adjust the price accordingly. For completed purchases, we will refund the difference to your original payment method.

37.4 Limitations and Conditions

• One Price Match Per Item: Only one price match request is permitted per item.
• Non-Transferable: The Price Match Guarantee is non-transferable and applies only to the original purchaser.
• Changes to Policy: We reserve the right to modify or discontinue the Price Match Guarantee at any time without prior notice.

37.5 Fraud and Misuse

• Right to Decline: We reserve the right to decline any price match request that we believe, in our sole discretion, is the result of fraud or misuse of this policy.
• Abuse of Policy: Repeated requests or attempts to circumvent the eligibility criteria may result in denial of future price match requests.

38. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

• Email for Legal Matters: legal@caratperfect.com
• General Support Email: support@caratperfect.com
• Phone: (866) 986-0152