Terms & Conditions – Laboratory diamonds

Dear Customers,

Please read the conditions below carefully. By accepting our terms and conditions, you agree to the text mentioned herein.

Important: We guarantee a 100% refund if you are not satisfied with the gem or jewelry. Please note that the refund amount will be reduced by the actual costs associated with money transfer and delivery, including freight charges and banking fees.

Custom Jewelry: There will be absolutely no refund or exchange on custom-designed jewelry. Custom jewelry includes pieces for which you provide a picture for us to design or request major changes to an existing design.

Thank you for your understanding.

SHIPPING & RETURNS POLICY

Shipping

Your item will be shipped after it has been packaged. Your order will be shipped to you fully insured by FedEx transport company. We urge all customers to inspect their package for damage or tampering before receiving or signing for receipt. Our selling prices do not include import tax & fees to the domestic country of the customer.

We cover the import tax only for customers from the USA.

ULTIMATE-GEMS s. r. o. will only ship to a street address, not a P.O. box address. We accept P.O. box shipping only on a customer request and accepting all risks related with delivery to P.O. box. All orders require a signature at the time of delivery. If you are unable to be available for signature, please contact your nearest FedEx center where you can easily change and arrange the delivery time. We cooperate with FedEx transport company with a delivery of about 3-5 working days for stock items. Shipping to an alternative address;

If you wish to ship to an alternative address which is different to a billing address, place this address in your order „Shipping address“.

Returns

How to return your order? Simply write to us at: info@laboratory-diamonds.com and let us know, please.

We strive to provide our customers with the best possible individual care to satisfy all their wishes and make their dreams come true. If, however, you do not like our product for some reason, we are pleased to offer our customers a 21 day (from the day you received the shipment) return policy on your purchase. We´ll refund the full amount to you within a short time period; 10-15 business days, see complete return policy below. All refunds, except for cash payment, will be returned for a full refund on the bank or Comgate customer account. The original invoice must be presented and the item(s) must be as new, undamaged and in original condition, including gem´s certificate and jewellery box to receive a full refund.

Cash payment will be refunded by a wire transfer within 15 business days after receiving the correct information about the bank account of the customer. The complete banking details have to be sent by the customer to our valid company email info@laboratory-diamonds.com. Paying by cash also automatically signifies the customer‘s acceptance of our company Terms & Conditions.

Items purchased online have to be sent back to us at the company address: ULTIMATE-GEMS s. r. o. (Street: Havlíčkova 77, City: Králův Dvůr, Postal Code: 26701, Country: Czech Republic, Europe). The customer is responsible for the shipment until it is received by our company and shipments must be insured. The customer pays the costs for delivery and insurance.

The 21 day return policy cannot be applied if any of the following events have occurred:

Laboratory diamond(s) or side gems are set in a semi-mounting by anyone other than ULTIMATE-GEMS s. r. o.
If the ring has been worn, scratched or damaged
Any product missing the original sales receipt is non-refundable and non-exchangeable
Any head changes

We will send you our delivery confirmation within 3 days of receiving your shipment .
ULTIMATE-GEMS s. r. o. does not provide a warranty on jewelry or laboratory diamond(s) purchased elsewhere and set into our jewels.
Each item must be returned in the same condition as it was sent, unworn and undamaged – including the gem certificate and jewelry box. Goods damaged due to client negligence will not be accepted for refund. A missing or damaged jewelry certificate of the jewelry box will incur a USD 35,- replacement fee.

Once we receive your returned item, it will be reviewed by our specialist. Upon acceptance, your refund or new item will be processed.
Shipping charges are not refundable ($49,-) Important: There will be absolutely no refund or exchange on custom designed jewelry. Custom jewelry means a brand new design created according to your request and specifications.

Terms and Conditions

INTRODUCTORY PROVISIONS

1.1 These service conditions (hereinafter referred to only as the „service conditions“) of the ULTIMATE-GEMS s. r. o. corporation, located at Havlíčkova 77, 267 01 Králův Dvůr, business identification number: CZ24314820, registered in the commercial registry kept by the Prague Municipal court, section C, insertion 195955 (hereinafter referred to as the „seller“) works out provisions for mutual rights and responsibilities of the contractual parties that arise in connection with or on the basis of a deed of purchase (hereinafter referred to only as the „sales contract“) signed between the seller and any other physical or legal entity (hereinafter referred to only as the „buyer“) through the seller´s internet shop.

The internet shop is operated by the seller at the internet address http://laboratory-diamonds.com /, using a website interface (hereinafter referred to only as the „website interface of the shop“).
1.2. The service conditions further define the rights and responsibilities of the contractual parties when using the seller´s web pages located at the address www.laboratory-diamonds.com/ (hereinafter referred to only as the „website“) and other related legal relations. The service conditions do not cater for situations, where a person with the intent of buying goods from the seller orders the goods within the framework of his own business activities.
1.3. Defining digressions in the service conditions can be worked out in the sales contract. Dealings in the sales contract which are divergent from the service conditions have priority.
1.4. The set service conditions are an indelible part of the sales contract. The sales contract and service conditions are written out in the Czech language or, in case of need, in English. The sales contract can be signed in Czech o if necessary in English.
1.5. The seller has the right to alter or fill in the wording of the service

USER ACCOUNT

1. On the basis of the buyer registering on the website, the buyer has access to his user interface. From the user interface the buyer may make orders for goods (hereinafter referred to only as the „user account“). In the instance that the shop´s web interface allows it, the buyer may also order goods without registration directly from the shop´s web interface.
2. When registering on the website and when ordering goods, the buyer must enter all details accurately and truthfully. The buyer has the duty to update any given details in his user account whenever a change occurs. The seller regards details given in the user account and those given when ordering goods as being accurate.
3. Access to the user account is protected by a user name and password. The buyer has the duty to keep confidential information needed for access to his account and should take into account the fact that the seller does not carry any responsibility for any breaches incurred through the fault of the buyer.
4. The buyer is not entitled to give access to his account to a third party.
5. The seller may cancel the user account, especially in the case where the buyer has not used his account for longer than 1000 days or in the case where the buyer breaches his duties as set out by the sales contract (including the service conditions).
6. The buyer should take into account that the user account does not have to be accessible continuously, especially with regard to necessary hardware and software maintenance work on the seller´s equipment or, where implied, on third-party equipment.

SIGNING A SALES CONTRACT

1. The shop web interface contains a list of goods offered for sale by the seller including the prices of individual goods offered. Prices for the offered goods are quoted inccluding Value Added Tax of 21% (VAT), but withnout associated surcharges. The sales offer for goods and the price for these goods remains valid for the period of time they will be depicted on the shop´s web interface. This provision does not rule out the possibility for the seller and a buyer to sign a sales contract under individual conditions. None of the sale offers for goods placed on the web interface is binding and the seller is not duty bound to sign a sales contract for these goods.
2. The shop´s web interface also contains information concerning the costs connected with packaging and delivering the goods. Information about packaging of goods and their delivery that can be found on the web interface are valid for delivery worldwide and do not include import tax and fees.
3. To make an order, the buyer has to fill out an order form on the shop´s web interface. The Order form mainly contains information about: 3.3.1. Ordered goods (the buyer “puts” ordered goods into an electronic shopping basket of the shop´s web interface), 3.3.2. The means of reimbursing purchased goods, details about the requested method of delivering the ordered goods and 3.3.3. Information about the costs associated with delivering the goods (hereinafter collectively referred to only as the „order“).
4. Before sending the order the buyer has the opportunity to check the given details that he entered into the order and to make any changes to mistakes that may have been made while entering information for the order. The buyer sends the order off by pressing the “Confirm the order” button. The seller considers any information in the order to be accurate. Immediately upon receiving the order, the seller confirms receipt by electronic mail to the electronic mail address given by the buyer in the user interface or in the order (hereinafter referred to only as the „buyer´s electronic address“).
5. The seller is always authorised concerning the character of the (amount of goods, height of sales price, expected cost of transport) to request additional confirmation of the order from the buyer (for instance in writing or by telephone).
6. The contractual relationship between the seller and the buyer arises by the delivery of an acceptance of the order, which the seller sends to the buyer at his electronic e-mail address.
7. The buyer must take into account that the seller is not duty bound to sign a sales contract, especially with persons that, at a prior period, have significantly breached the sales contract – including the service conditions.
8. The buyer agrees with the use of communication means at a distance for concluding the contract. The buyer is responsible for his own expenditure incurred while using communication means at a distance in conjunction with concluding the sales contract (cost of internet connection, cost of telephone calls) an covers the expenses himself.

PRICE OF GOODS AND PAYMENT CONDITIONS

1. The price of gods and eventual costs associated with the delivery of the goods according to the sales contract can be paid to the seller in the following ways:
In cash when picking up the goods in person at the seller´s address
Cash on delivery at a location predefined by the buyer in the order
By bank transfer to the seller´s account numbers:
CZ account: 107-3427370207, IBAN: CZ8201000001073427370207 SWIFT: KOMBCZPPXXX
Euro account: 107-3427400277/0100, IBAN: CZ8201000001073427400277 SWIFT: KOMBCZPPXXX
US account: Account no.:107-8070520227/0100 IBAN: CZ3901000001078070520227 BIC/SWIFT: KOMBCZPPXXX kept at the KB Beroun banking (hereinafter referred to only as the „seller´s account“)
Comgate account: Business Name: ULTIMATE-GEMS s. r. o. Email: info@laboratory-diamonds.com
2. Together with the sales price, the buyer is duty bound to cover costs associated with packaging and delivery of the goods. If not specifically stated otherwise, this is understood to be the costs of the sales price together with the costs associated with delivering the goods.
3. In the case of payments made out in cash or cash on delivery, the sales price is payable on taking possession of the goods. In the case of a bank transfer, the sales price is payable latest within 5 days of concluding the sales contract.
4. In the case of a bank transfer, the buyer must cover the sales price of the goods together with the given variable payment symbol. In the case of a bank transfer, the buyer´s duty to cover the sales price is considered fulfilled the moment the relevant amount lands on the buyer´s account.
5. The seller has the right, especially in the case where the buyer does not sufficiently confirm an order (art. 3.5), to request the reimbursement of the entire sales price even before sending off the goods to the buyer.
6. Discounts to the given sales price for goods offered by the seller to the buyer cannot be mutually combined.
7. If it is normal for business dealings or if it has been so defined by generally binding legal regulations, the seller will write out a receipt-invoice for on payments made on the basis of the sales contract. The seller is a VAT payer. The tax receipt-invoice will be written out by the seller for the benefit of the buyer after the price of the goods have been covered. The invoice will then be sent to the buyer in the electronic form to the buyer´s electronic address.

WITHDRAWING FROM THE SALES CONTRACT

1. The buyer takes into account that, according to the wording of paragraph 53 article 8 of Law no. 40/1964 from the collection of laws, Civic Codex, in the wording to the latest regulations (hereinafter referred to only as the „Civic Codex“), the buyer, amongst other things, cannot withdraw from a sales contract for the delivery of goods prepared according to the buyer´s wishes.
2. If it is not a case as defined in article 5.1 or some other case, where it is impossible to withdraw from the sales contract, the buyer can evoke the provisions of paragraph 53 article 7 of the Civic Codex allowing withdrawal from a sales contract within fourteen (14) days of receiving the goods. Withdrawal from the sales contract must be provably delivered to the seller within fourteen (14) days of receiving the goods and this, to the address of the seller´s place of business or to the seller´s electronic address.
3. In the case of withdrawal from the contract according to paragraph 5.3 of the service conditions, the sales contract is annulled from it´s very beginning. Goods must be returned to the seller within 21 working days of sending off to the seller the withdrawal from the contract. In the case where the buyer breaches the provisions set above, the seller has the right to make claim to a contractual fine of 500 CZK (words: five hundreds Czech crowns) for each day of delay, with a maximum however of the sales price of the given goods. This provision does not infringe on the claim for possible damages cause by the buyer breaching his duties to which the contractual fine holds, even in the event where the damage exceeds the height of the contractual fine. The goods must be returned to the seller undamaged and unused and, if possible, in the original package.
4. According to article 5.3 of the service conditions, the seller is entitled to carry out a check of the returned good within a deadline of fifteen (15) days of the goods having been returned, especially to make sure if the returned gods are not damaged, used or partially used.
5. In the event of withdrawal from the contract according to article 5.2 of the service conditions the seller will return the sales price (minus the costs spent on delivering the goods) to the buyer latest with ten (10) days of the end of the deadline for checking the goods as se out in article 5.4 of the service conditions and this by a bank transfer to an account designated by the buyer. The seller is also entitled to return any performance rendered to the buyer at the time of the return of the goods to the buyer. The entitlement covers the return of goods that were paid for in cash.
6. The buyer bears in mind that is the goods returned by the buyer are damaged, used or partially used, the seller is entitled to make claims for damages incurred. The right to reimbursement for damages incurred can be unilaterally enforced by the seller against the buyer ´s claim to the return of the sales price. At the same time, the buyer has the right to enforce a contractual fine according to article 5.3 of the service contract, which the seller is entitled to enforce against the buyer´s claim to the return of the sales price of the goods.
7. Until the buyer receives the goods he is entitled at any time to withdraw from the sales contract. In such a case, the seller will immediately return the sales price for the goods to the buyer by bank transfer to an account designated by the buyer.
8. If, along with the goods, a present has been given to the buyer, a deed of gift between the seller and buyer is concluded with a withdrawal clause that, if the consumer withdraws from the sales contract the deed of gift covering such a gift is annulled and the buyer is required to return the rendered gift together with the goods to the seller.

TRANSPORT AND DELIVERY OF THE GOODS

1. The seller determines the method of transport unless otherwise stated in the sales contract. In the case where, on agreement, the method of transport has been set at the request of the buyer, the buyer takes full responsibility for risks and any eventual additional costs associated with this method of transport.
2. If, according to the sales contract, the seller is required to deliver the goods to a location determined by the buyer in the order form, the buyer is required to accept the goods at the time of delivery. If the buyer does not accept the goods at delivery, the seller is entitled to ask for a storage fee of 100 CZK (words: one hundred Czech crowns) or the seller is entitled to withdraw from the sales contact.
3. In the case that the seller is forced to deliver the goods more than once or through other channels other than have been agreed upon as a result of doing of the buyer, the buyer will be required to cover the costs associated with the repeated delivery of the goods or for the costs incurred by delivery through other channels.
4. On accepting the goods from the delivery service the buyer is duty bound to check that the packaging is whole and, in the case of any defect, immediately inform the transporter. If any defect to the packaging of the goods is found that points to unauthorised entry into the package the buyer does not have to accept the package from the transporter. With his signature, the buyer confirms that the delivery fulfilled all the conditions and provisions and that any later claim for damages may not be considered valid.
5. Further rights and duties of the contractual parties when accepting goods may be altered by the seller´s delivery conditions.

RESPONSIBILITY FOR DEFECTS, GUARANTEE

1 The rights and duties of both contractual parties concerning responsibility for defects, including guarantee responsibilities of the seller are guided by the valid binding legislature (in particular the provisions of paragraph 612 and ensuing of the Civic Codex). Please note that Amora Gem with hardness 9.25 – 9.5 do not have warranty. The 9.5 hardness is an estimate and certainly not exact (the nano-identation scale is in GPa, not Mohs). Amora is 27% harder than sapphire. Never test Amora gem the same way as diamond.
2. The seller guarantees to the buyer that the sold goods are in agreement with the sales contract and in particular that they are without defect. By in agreement with the sales contract is meant that the sold item has the required quality and useful specifications defined in the contract from the seller, the manufacturer or his representative, or, on the basis of advertising done by them, the expected quality and useful specification for an item of that particular type that corresponds with the requirements of legal regulations, is in the required amount, measure or weight and corresponds to the use that the seller stated the given item was meant for or that an item of same type is usually used for.
3. In the case where, on acceptance, the item does not correspond with the sales contract (hereinafter referred to only as „in conflict with the sales contract“), the buyer has the right to demand from the seller that he correct the given state of affairs immediately and set the matter so as to correspond with the sales contract, according to the desire of the buyer and this, either by replacing the item or by its repair. If such is not possible the buyer may request an adequate discount from the price of the item or withdraw from the contract. This does not apply if the buyer new about the item being in conflict with the contract or if he caused the conflict with the sales contract himself. Conflict with the sales contract, which has arises during the following six (6) months from the day of accepting the item is considered to be a conflict with sales contract that existed before acceptance of the item if it does not contradict the nature of the item or if not proven otherwise.
4. If the item is not quickly perishable or a used item, the seller is responsible for defects that appear as being in conflict with the sales contract for the accepted item in the guarantee period (guarantee).
5. The buyer´s rights are derived from the seller being answerable for defects including guarantee responsibilities, these the buyer can make claim at the business address of the seller.

FURTHER RIGHTS AND DUTIES OF THE CONTRACTUAL PARTIES

1. The buyer gains ownership of the goods by payment of the entire sales price of the goods.
2. The buyer takes into account that program equipment and any other component that forms the shop web interface (including photographs of the offered) are protected by copyright laws. The buyer binds himself not to carry out any activity that would allow him or a third party to infringe unauthorised or in any other way use the shop´s web interface program equipment or any other component that forms part of the shop´s web interface.
3. When using the web interface, the buyer is not allowed to use any mechanisms, program equipment or any other procedures that could have a negative impact on the opera tions of the shop´s web interface. The shop´s web interface may be used to an extent that is not in conflict with the rights of any of the seller´s other customers and which is in conjunction with its designated purpose.
4. The relationship between the seller and the buyer does not bind the seller to any code of conduct as set out in the provisions of paragraph 53a article 1 of the Civic Codex.
5. The buyer takes into account that the seller does not carry responsibility for mistakes made as the result of third party influence on the website or as a result of using the website in conflict with its rightful designation.

PROTECTION OF PERSONAL DETAILS AND SENDING COMMERICAL NOTIFICATIONS

1. Protection of personal details of the buyer, who is a physical entity is guaranteed by law no. 101/2000 from the collection of laws, about the protection of personal details in the latest legislature.
2. The buyer agrees with his personal details being further processed, these being: name and surname, address of residence, identification number, tax identification number, electronic postal address, telephone number (hereinafter referred to only as „personal details“).
3. The buyer agrees with his personal details being further processed by the seller for purposes of fulfilling the rights and responsibilities of the sales contract and for the purposes of delivering information and business notifications to the buyer.
4. The buyer takes into account that he is required to present his personal (at registration, in his user account, in an order form from the shop´s web interface) accurately and truthfully and is required to inform the seller of any changes to his personal information as without delay.
5. The seller may use third party aide in processing personal details. Besides personnel carrying out delivery services for the goods these personal details will not be given out by the seller without consent to third parties.
6. Personal details will be processed for an indefinite period of time. Personal details will be processes in the automated form or in the printed, non-automated form.
7. The buyer confirms that the personal details presented by him are accurate and that he has been informed that giving his personal details is a voluntary act. The buyer declares that he has been informed that his agreeing with processing his personal details can be, in relation to the seller, terminated by a written request delivered to the seller´s address.
8. In the case that the buyer feels that the seller or the processor (art. 9.5) are carrying out processing of his personal details that is in conflict with the protection of his private and personal life, especially if his personal details are incorrect with regards to the use of processing, he can:
8.1. ask the seller of processor for an explanation
8.2. Request that the seller or the processor remove such a state. This means leading to blocking, corrections made, filling in or liquidation of personal details. If the request by the buyer, according to the prior sentence, is found to be valid the seller or processor will immediately remove the fault. If the seller or the processor does not agree with the request the buyer may turn directly to the Office for the protection of personal details. This provision does not infringe upon the buyer´s right to turn with his complaint to the Office for the protection of personal details directly
9. If the buyer asks from information about the processing of his personal details the seller is duty bound to hand over this information. The seller is entitled, according to the previous sentence, to request an adequate amount as reimbursement for information given to the buyer, this amount should not, however exceed the cost necessary for providing the information.
10. The buyer agrees to have information sent concerning the goods, services or the company to his electronic address and he further agrees to receive commercial notifications to the electronic address of the buyer if he has chosen this possibility.
11. If not agreed upon otherwise all correspondence associated with the sales contract must be delivered to the second contractual party in writing, personally or by recommended letter using the services of an operator of postal services (according to the sender´s choice). The buyer will receive mail at the electronic address given in his user account. The message has been delivered:
in the case of delivery by electronic post the moment it is received by on the incoming mail server; the integrity of messages sent by electronic post may be ascertained by a certificate.
in the case of delivery personally or through a postal service operator by the addressee accepting the missive,
in the case of delivery personally or through a postal service operator also by refusal to accept the missive, if the addressee refuses (or if a person authorised to accept the missive does so) to accept the missive,
in the case of delivery through an operator of postal services over the deadline of ten (10) days of the missive being in storage with an appeal to the addressee to pick up the missive, if the missive will be kept in the care of the operator of postal services , even in the instance that the addressee does not know of the missive being kept there.

FINAL PROVISIONS

1. If the relationship associated with the use of websites or the legal relationship based on a sales contract contain international (foreign) elements, then the parties agree that the relationship will be guided by Czech Law, by which the consumer´s rights are not in any way infringed upon as can be derived from generally binding legal regulations.
2. The seller is entitled to the sale of goods on the basis of a trade licence authorisation and the activities of the seller do not fall under the jurisdiction of any other trade. Trade licence checks are carried out under the authority of their mandate by the respective trade licence authority.
3. If any part of the service conditions are invalid or defunct or be become so, the invalid provisions will be replaced with provisions whose sense and meaning will cater as close as possible to the original. The invalidity or the defunct nature of one provisions does not in any way affect the validity of the other provisions. Changes and fill in to the sales contract or service conditions will always be in written form.
4. The sales contract, including the service conditions, will be archived by the seller in the electronic form and is not accessible.
5. The seller´s contact details: delivery address ULTIMATE-GEMS s. r. o., Havlíčkova 77, 267 01 Králův Dvůr, electronic postal address info@laboratory-diamonds.com, cell phone number: +420777222121.