Terms of Sale

Terms of sale

These Terms of Sale (the “Sale Terms”) are part of our Terms of Use available at www.sparklecut.com/pages/terms. These Sale Terms contain our purchasing terms for diamond products purchased through our website at www.sparklecut.com, or any of our mobile applications or other online sites operated by us that are related to www.sparklecut.com (each a “Site,” and collectively, the “Sites”). Purchases made on our Sites are intended for end users only, and are not authorized for resale. All references to “Sparkle Cut,” “we”, “us” or “our” within these Sale Terms means Sparkle Cut Diamonds, Inc. All references to “you” or “your” means the original purchaser. PLEASE READ OUR SALE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT LIMITATIONS AND EXCLUSIONS RELATED TO THE PURCHASE OF OUR PRODUCTS. THEY ALSO REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS AS SET FORTH IN OUR TERMS OF USE WHICH YOU CAN OPT OF. PLEASE BE CERTAIN YOU UNDERSTAND SUCH TERMS BEFORE PURCHASING ANY OF OUR PRODUCTS. Please see Section 16 below for more information on binding arbitration and how to opt out. By submitting an online order you are also accepting and agreeing to be bound by our Privacy Policy related to our collection, use and disclosure of your personal information. Our Privacy Policy can be found at http://www.sparklecut.com/pages/privacy

1. Changes to Sale Terms
We may revise or change these Sale Terms at any time in our sole discretion including as our business develops. Every time you order and purchase products from us, the then existing Sales Terms as posted on our Site will apply.

2. Orders
We reserve the right to accept, decline, place limits on or cancel any order for any reason. If we decline, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us when placing an order. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount. You may cancel your order at any time prior to our shipment to you of products and you will not be charged or we'll refund you the full amount. If an order is cancelled, the refund price represents the sole and exclusive damages available to you. Your order represents a purchase of our products. We currently only ship to U.S. street addresses (including foreign U.S. Military addresses).We do not ship to a P.O. Box address. We do not have a date for when we can ship internationally.

3. Timing
Products typically ship within 10 business days of placing the order. During the holidays, Saturdays will be deemed a business day commencing the day after Thanksgiving through December 24.

  • Orders can be expedited for $25, which means ordered products typically will be received in 5 business days from placement of the order.
  • Orders submitted by 2pm central standard time are processed same day.
  • Orders submitted after 2pm central standard time are processed the next day.
  • Holiday Orders. Please submit your order before 2pm central standard time December 11, 2018 to receive ordered products by December 24, 2018.


4. Pricing

All prices at checkout are in U.S. dollars. Stated prices for products do not include applicable sales, use or other similar taxes which will apply in accordance with applicable laws and do not include expedited production. We provide free FedEx shipping and insurance as set forth in the section below captioned “Free Standard Shipping and Insurance.” All products displayed on our Site are typically in stock and available and we make significant efforts to ensure the pricing on our Site is accurate at the time of purchase. From time to time an inventory error or a pricing error may occur due to system or typographical errors. We do not honor inaccurate or erroneous pricing and will not be responsible for errors or omissions regarding product availability, prices or other information. If an error has occurred, and you have a placed an order with us, we reserve the right to cancel the order and refund the fee listed on the check-out receipt in the same manner as payment was made. If an order is canceled, the refund price represents the sole and exclusive damages available to you. We do not provide price protection or refunds in the event of a price drop or promotional offering after an order has been placed. Stated pricing for products on our Site is subject to change without notice prior to order. We do not negotiate prices on our products and all our prices are final subject to the foregoing.

5. Product Descriptions
We make all reasonable efforts to display the products listed for sale on our Sites as accurately as possible. We use technology to view our products on our Sites at actual size, magnified, or in a 360 degrees video. As a result, some products may appear larger or smaller than their actual size and color and size may vary slightly. It is your responsibility to review the listed size and weight of each stone as well as the supporting 3rd-party diamond grading report and/or light performance certification and not rely on photographs or images when determining your purchase. We try to provide as much information and detail about products as possible so you can see the color, size, detail and shape of a product. However, we cannot guarantee that your monitor’s display of any product’s color, size, detail or shape will be accurate. Because of this, we do not represent or warrant that product descriptions, images or information is 100% accurate.
If a product offered by us is received and not as described, your sole remedy is to return it for a full refund in accordance with our return policy in the section below captioned “Return Policy”

6. Taxes
Stated prices for our products do not include applicable sales, use, value added, and excise, federal, state, local or other taxes that may apply and which may be added to your order. Depending on the order, we calculate charges and collect such applicable taxes in accordance with applicable laws. Final sales tax is calculated based on the shipping address zip code where the product is being delivered.

7. Free Standard Shipping and Insurance
We ship our products to the shipping address that you designate in your checkout for free via FedEx overnight shipping. We insure every shipment to cover your purchase. If you need to expedite your order, we offer expedited processing for $25 in the checkout process. We will only ship to a U.S. street address (including foreign U.S. Military addresses), not a P.O. Box address. FedEx may require a signature for delivery regardless of any waivers you have with FedEx.

8. Payment Method
At the time of any order, you are required to provide us with a current, valid, accepted method of payment (“Payment Method”) and other additional information as prompted to purchase ordered products. By providing a Payment Method, you represent and warrant to us that (i) the Payment Method you supply is issued to you, and true and correct, (ii) charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the stated prices, including any applicable taxes and expedited shipping charges. You further authorize us to use the designated Payment Method, and you authorize us or our third-party payment processors to charge your Payment Method for the ordered products and any applicable taxes and expedited processing charges. By submitting your Payment Method, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of any transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Financing Programs. Please note that payment terms on purchases you may finance through a financing program we may offer are governed by your agreement with them. Our third party financing provider will facilitate the payment program and you will make payment directly through them if you qualify and enter into a financing payment plan.

9. Actual Diamond Purchased Policy
When you purchase a diamond product from us, you get the exact diamond your order, the one you see in the pictures on our Site. Additionally, we authenticate and ensure all of our diamonds are 100% natural, mined, ethically sourced diamonds in accordance with our policy in the section below captioned “Ethical Diamond and Metals Sourcing.”

10. Diamond Documentation Included
Each of our diamond products is shipped to you with third-party, industry recognized diamond grading documentation and a light performance certificate. These are detailed documents for each particular diamond and created by industry recognized, third-party diamond laboratories. Because of this, we require each diamond grading document and light performance certificate to be included with each returned diamond. If you do not include these certificates with your return, you will be charged a replacement fee of U.S. $88.00.

11. Ethical Diamond and Metals Sourcing
We believe ethics matter and support ethical sourcing of conflict free diamonds by following the Kimberley Process. We are proud of our ethical sourcing policy located at sparklecut.com/pages/ethical-sourcing and we encourage you to read more about it.

12. 40-Day Free Return Policy
We offer a best-in-class, 40-day free return policy if you’re not thrilled with your purchase. We want our customers to be happy. So, if you’re having doubts about your purchase, please call or email us so we can help. If desired, you can return your purchased products to us within forty (40) days from receipt in their original condition for a full refund. All returns must be accompanied by the original diamond grading documentation and light performance certificate sent to you or you will be charged a replacement fee of US $88.00. Contact us to return your purchased product. You will be sent a free shipping label sent to your email. Our free return label provides insurance coverage for your item.

13. Limited Lifetime Manufacturing Warranty
Every diamond and setting we offer has passed our stringent quality standards and we meticulously inspect every item before shipping it to you. While imperfections or defects are rare, we provide a Lifetime Manufacturing Warranty for our Sparkle Cut diamond products. We warrant for the life of a Sparkle Cut diamond product that it will be free from manufacturing defects when utilized for its normal and intended use. This warranty is non-transferrable and applies only to the original purchaser and may not be sold, assigned or transferred to any third-party.
If you believe your Sparkle Cut diamond product contains a manufacturing defect, please return the product to us for inspection. If we determine that your diamond product contains a manufacturing defect, we will repair the product at our cost, or if we cannot repair the product, we will replace the product. If the product is no longer available, we may in our sole discretion, replace your product with a comparable product. We will return the repaired or replaced product to you, shipping and insurance prepaid by us.
If we determine that the damage is not caused by a manufacturing defect, then we will notify you and let you know if we can repair your product and the applicable cost. Contact us to return your purchased product for warranty purposes. You will be sent a free shipping label sent to your email. Our free return label provides insurance coverage for your item.
Warranty Exclusions. Our Lifetime Manufacturing Warranty only applies to validated Sparkle Cut diamond products with an SC ID# and validated by our BrillianceScope identification tool. If a product is not confirmed as a valid Sparkle Cut diamond product, we will treat the product as an unauthorized copy and our Lifetime Manufacturing Warranty does not apply and we have no obligation to repair or replace the product. Our Lifetime Manufacturing Warranty for manufacturing defects does not apply in the following cases:

  • discolorations to the product due to exposure to chemicals of any kind;
  • worn-out, bent, or caught prong(s) resulting in a diamond(s) falling out or being lost due to normal wear or other types of damage;
  • diamond chipping or breaking due to normal wear or other types of damage;
  • misuse, neglect, abuse, or accidents to the product;
  • theft of the product;
  • damage or loss resulting from failure to maintain the product’s integrity;
  • general wear and tear;
  • if the product has been worked on or repaired by any party other than us or our authorized representatives; note: ring sizing by another jeweler does not automatically negate this warranty; we will review each setting before accepting or denying a return if resized by another jeweler;
  • the Sparkle Cut finishing has been polished off; or
  • damage caused by Acts of God, natural disasters, or other damage caused beyond our control.


14. Product Disclaimer of Warranties and Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THESE SALE TERMS, OUR DIAMOND PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ALL OF WHICH ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE FITNESS, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY DIAMOND PRODUCTS OBTAINED WILL MEET YOUR NEEDS OR EXPECTATIONS. IN NO EVENT SHALL SPARKLE CUT, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR AGENTS (COLLECTIVELY, THE “SPARKLE CUT GROUP”) BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS OR SAVINGS, REPLACEMENT COSTS, OR LOSS OF USE, OR ANY OTHER DAMAGES, LOSSES, LIABILITIES OR CLAIMS OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO A PRODUCT YOU PURCHASE FROM US EXCEPT WE WILL HONOR OUR RETURN POLICY AND OUR LIMITED LIFETIME MANUFACTURING WARRANTY AS STATED IN THESE SALE TERMS FOR EACH PRODUCT YOU PURCHASE FROM US WHICH SHALL BE OUR TOTAL LIABILITY IN THE AGGREGATE TO YOU FOR ANY DAMAGES (REGARDLESS OF THE TYPE DAMAGE OR ACTION) FOR EACH PRODUCT YOU PURCHASE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER. TO THE EXTENT THAT YOU COMMUNICATE WITH ANY OF OUR REPRESENTATIVES, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH REPRESENTATIVE SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF OUR DISCLAIMERS, EXCLUSIONS OR LIMITS OF LIABILITY IN THESE SALE TERMS AND THIS DISCLAIMER, LIMITS OF LIABILITY AND THESE SALE TERMS SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH REPRESENTATIVE DIRECTLY OR THROUGH OUR SITE.

15. Dispute Resolution and Arbitration We hope we never have a dispute with respect to any diamond product you purchase from us. However, if there is a dispute, all disputes require mandatory, non-permissive arbitration as set forth in Section 14 of our Terms of Use available at www.sparklecut.com/pages/terms. Please follow the instructions in Sections 14 and 15 of our Terms of Use to opt out of the requirement of arbitration on an individual basis. As stated before, these Sale Terms are part of our Terms of Use.

16. Notice
All notices required to be given to us pursuant these Sale Terms shall be deemed to have been duly given if in writing emailed to us, at:
By email: legal@sparklecut.com
All notices required to be given to you shall be deemed to have been duly given if in writing and sent to the e-mail address on file with us. You are responsible to provide us with any changes to your e-mail address.

17. Contact Information
We are always happy to hear from you. Please do not hesitate to contact us. All questions, concerns, comments, and other communications relating to our products can be directed to help@sparklecut.com or at the phone numbers on our Sites.

Effective Date: October 23, 2018

Lifetime Manufacturing Warranty

Every diamond and setting we offer is expertly crafted, comprised of the finest materials, and has passed our stringent quality standards. We meticulously inspect every item before shipping it to you.

While imperfections or defects are rare, we stand behind our products with a Lifetime Manufacturing Warranty on all Sparkle Cut Diamonds products. If you believe you have a manufacturing defect, please return the product to us for inspection. Should there be a manufacturing defect, we will repair the product or replace it, if we deem appropriate. If the product is no longer available, we may replace it with a comparable product.

Please note: Manufacturing defects do not include discolorations due to exposure to chemicals of any kind; worn-out, bent, or caught prong(s) resulting in a diamond(s) falling out or being lost due to normal wear or other types of damage; diamond chipping or breaking due to normal wear or other types of damage; misuse of the product; neglect of, abuse of, or accidents to the product; theft of the product; damage or loss resulting from failure to maintain the product’s integrity; general wear and tear.

Our Lifetime Manufacturing Warranty only applies to Sparkle Cut Diamonds products with an SC ID#, validated by our Brilliancescope® identification tool. If the product is not a confirmed Sparkle Cut Diamonds product, Sparkle Cut Diamonds will treat the product as an unauthorized copy, with no warranty.

If the product has been worked on or repaired by any party other than Sparkle Cut Diamonds or their authorized representatives, the warranty is null and void. If the Sparkle Cut has been polished off, the warranty is null and void.


Return Policy

Every diamond and setting we offer is expertly crafted, comprised of the finest materials, and has passed our stringent quality standards. We meticulously inspect every item before shipping it to you.

While imperfections or defects are rare, we stand behind our products with a Lifetime Manufacturing Warranty on all Sparkle Cut Diamonds products. If you believe you have a manufacturing defect, please return the product to us for inspection. Should there be a manufacturing defect, we will repair the product or replace it, if we deem appropriate. If the product is no longer available, we may replace it with a comparable product.

Please note: Manufacturing defects do not include discolorations due to exposure to chemicals of any kind; worn-out, bent, or caught prong(s) resulting in a diamond(s) falling out or being lost due to normal wear or other types of damage; diamond chipping or breaking due to normal wear or other types of damage; misuse of the product; neglect of, abuse of, or accidents to the product; theft of the product; damage or loss resulting from failure to maintain the product’s integrity; general wear and tear.

Our Lifetime Manufacturing Warranty only applies to Sparkle Cut Diamonds products with an SC ID#, validated by our Brilliancescope® identification tool. If the product is not a confirmed Sparkle Cut Diamonds product, Sparkle Cut Diamonds will treat the product as an unauthorized copy, with no warranty.

If the product has been worked on or repaired by any party other than Sparkle Cut Diamonds or their authorized representatives, the warranty is null and void. If the Sparkle Cut has been polished off, the warranty is null and void.


Sparkle Pledge

Sparkle Cut technology creates an exceptional level of sparkle in ALL of our diamonds, no matter their color or clarity rating. Other companies say they have sparkly diamonds because it’s a common marketing spin, but they don’t actually measure their sparkle. On the contrary, the sparkle, fire and brilliance of every one of our diamonds is measured by GemEx Systems*, and every diamond we sell has either a Very High +, Very High, or High/Very High sparkle rating. We’re so confident in the amount of sparkle you can see in our diamonds that we pledge this:

The pledge.
> If you identify a Sparkle Cut Diamond you’re interested in, and you find and buy a diamond from a competitor that has more sparkle, we’ll send you $200!

The rules.
>The competitor diamond must be the same shape, cut and carat weight as ours, and cost more than $2,500. It can be of any color and clarity rating.
> In order to prove the other diamond has more sparkle, please request and provide a GemEx Systems Light Performance Certificate* from the other retailer.

Since we’re able to back up our claims with scientifically determined sparkle tests, we can proudly say that our diamonds have more sparkle than others costing thousands of dollars more. Sparkle Cut Diamonds have benefits you can see with the naked eye (not a loupe) – we call them the 3S’s: size, shape and sparkle – and don’t focus on costly characteristics you can’t see, such as color and clarity.

More Sparkle + Less Cost = A Lifetime of Enjoyment

**NOTE:. GemEx Light Performance Certificate measures brilliance, fire and sparkle as defined by GemEx Systems.