Terms & Conditions

Terms & Conditions

These terms and conditions apply to the Rare Gem Collection Web website located at www.raregemcollection.com, and all associated Web websites linked to www.raregemcollection.com by The Rare Gem LLC (herein “Rare Gem”), its subsidiaries and affiliates, including The Rare Gem’s websites around the world (collectively ‘the Website’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase from, the Rare Gem Collection Website, and constitute an agreement between you and Rare Gem. Rare Gem reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Website at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website 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 Website. If you do not agree to the amended terms, you must stop using the Website.

Gem and Ring Availability

On occasion, you may be able to place a gemstone or jewelry in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of gemstone or jewelry. You acknowledge that gemstone or jewelry  may sell quickly and there may be a short period of time after an order has been submitted, but where the gemstone or jewelry is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occurences, you may receive a Shipping Confirmation from us, but the gemstone or jewelry 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 gemstone or jewelry 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..

Pricing

Data, including prices, may be inaccurately displayed on our Website 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 gemstone or jewelry’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the gemstone or jewelry or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the gemstone or jewelry 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 call us 212-382-1314.

Payment Processing

After you have selected your gemstone or 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.

Gem Certificates

When you order a loose gemstone, we ship it to you with the accompanying gemstone report (also called certificate). These reports are detailed documents created by leading gem labs – making it very expensive to replace. Because of this, we require each certificate to be included with each returned item. If you do not include the report with your return, you will be charged a replacement fee of US$200 or more depending on the size of the stone and lab used.

Information On Our Website

At Rare Gem, we make every attempt to ensure that our online collection is as accurate and complete as possible. In order to give you the opportunity to view our gemstone or jewelry in great detail, some gemstone or jewelry 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, Rare Gem states that carat total weight in all purchases may vary 0.05 carats from stated weight.

On the Website, we provide the measurement of our gemstone or jewelry based on our lab report provided 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 measurements, a tolerance of 0.25mm is allowed.

For gemstone 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.

Privacy Policy

Please refer to our Privacy Policy for information on how Rare Gem collects, uses, and discloses personally identifiable information from its customers.

Website Content

The Website and all content and other materials, including, without limitation, the Rare Gem logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Rare Gem or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Trademarks

Rare Gem, Rare Gem Collection, the Rare Gem logos, and any other gemstone or jewelry or service name or slogan contained in our Website are trademarks of Rare Gem and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rare Gem or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Rare Gem” or any other name, trademark or gemstone or jewelry or service name of Rare Gem without our prior written permission. All other trademarks, registered trademarks, gemstone or jewelry names and Rare Gem names or logos mentioned in our Website are the property of their respective owners.

Use Of The Website

You are granted a personal, limited, non-sublicensable license to access and use our Website and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Website Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Website or the Website Materials therein; (b) the collection and use of any gemstone or jewelry listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Website Materials, (d) modifying or otherwise making any derivative uses of our Website and the Website Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Website, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Website, the Website Materials or any information contained therein, except as expressly permitted on our Website; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Website; (h) use our web websites in any way which interferes with the normal operation of our websites; or (i) any use of our Website or the Website Materials other than for its intended purpose. Any use of our Website or the Website Materials other than as specifically authorized herein, without the prior written permission of Rare Gem, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Rare Gem has adopted a policy of terminating and barring, in appropriate circumstances and at Rare Gem’s sole discretion, website users or account holders who are deemed to be repeat infringers. Rare Gem may also at its sole discretion limit access to this website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify Rare Gem by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to [email protected].

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rare Gem to locate the material;
• Information reasonably sufficient to permit Rare Gem to contact the complaining party, such as an address, telephone number and an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Alternatively, you may reach the Rare Gem Legal Department with a valid inquiry as follows:

Attn: Justin
Rare Gem Legal Department
50 W. 47^th Street, Suite 1518

New York, NY 10036

Phone: 212-382-2158


Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).

Third Party Content

Rare Gem may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Rare Gem does not monitor or have any control over any Third Party Content or third party Websites. Rare Gem does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Rare Gem does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Rare Gem, or our gemstone or jewelry or services that are provided by you to Rare Gem are non-confidential and shall become the sole property of Rare Gem. Rare Gem will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Rare Gem and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they 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 website; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

Gemstone or jewelry Reviews And User Content

Our Website includes a gemstone or jewelry review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Website (‘Interactive Areas’). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Website any of the following:

1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material (‘User Content’) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
8. User Content that, in the sole judgment of Rare Gem, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Website, or which may expose Rare Gem or its users to any harm or liability of any type.

Rare Gem takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Rare Gem liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Rare Gem is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Rare Gem has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Rare Gem reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Website at your sole cost and expense. Any use of the Interactive Areas or other portions of our Website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Rare Gem’s systems and customers, or to ensure the integrity and operation of Rare Gem’s business and systems, Rare Gem may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Rare Gem’s right to disclose any such information shall govern over any terms of Rare Gem’s Privacy Policy.

If you post User Content to our Website, unless we indicate otherwise, you grant Rare Gem and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Rare Gem and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

Indemnification

You agree to defend, indemnify and hold harmless Rare Gem, 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 Website or your use of or inability to use our Website, including without limitation any actual or threatened suit, demand or claim made against Rare Gem 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 RARE GEM, THIS WEBSITE, THE CONTENT CONTAINED THEREIN AND THE GEMSTONE OR JEWELRY AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “GEMSTONE OR JEWELRY AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RARE GEM 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 WEBSITE. RARE GEM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RARE GEM DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation Of Liability

IN NO EVENT SHALL RARE GEM, 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 WEBSITE, THE GEMSTONE OR JEWELRYS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RARE GEM, 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 RARE GEM’S RECORDS, PROGRAMS OR SERVICES.

Applicable Law And Venue

These Terms and Conditions and your use of this website 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 New York, 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 New York County, NY 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 website, any purchase from this website, or these Terms and Conditions.

Modification And Notice

You agree that Rare Gem may modify these Terms and Conditions and any other policies on our Website at any time and that posting the modified Terms and Conditions or policies on our Website will constitute sufficient notice of such modification.

Termination

Notwithstanding any of these Terms and Conditions, Rare Gem reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future your access to and use of the Website.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at [email protected] or 212-382-2158. These Terms and Conditions do not apply to content provided by the Jewelers Mutual Insurance Group. Terms and Conditions updated on June 17th, 2020.