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Terms and conditions

CAREFULLY READ THE TERMS OF USE AGREEMENT (HEREINAFTER BEGUN). A LEGAL CONTRACT BETWEEN YOU (THE “USER” OR “YOU”) AND PRECIOUS CARBON LLC EXISTS IN THIS AGREEMENT. (“PRECIOUS CARBON,” “WE,” OR “US”).

Please take note that Section 15 of the agreement below contains provisions governing the resolution of disputes between you and Precious Carbon. This includes, but is not limited to, disputes that arose or were asserted prior to the agreement’s effective date. A FINAL ARBITRATION AGREEMENT THAT REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND PRECIOUS CARBON BE RESOLVED BY BINDING AND ARBITRATION IS ONE OF MANY THINGS CONTAINED IN SECTION 15. Unless you withdraw from the arbitration agreement within thirty days of the agreement’s effective date: Each of us is giving up the right to participate in a class action lawsuit or class-wide arbitration; furthermore, you and Precious Carbon will only be allowed to pursue disputes or claims and seek relief against the other party on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and finally, each of us is giving up the right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

When you use or access preciouscarbon.com, its subdomains, or any other website that has been given permission to link to this agreement (hereinafter, the “Website”), create an account, or access or use any content, information, services, features, or resources that are made available or enabled via the Website—including the use of the Website to purchase diamonds and related products—or when you click a button or take any other action that indicates your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any modifications and additions that may be made in the future as published through the Precious Carbon Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Precious Carbon Services. You may not access or use the Precious Carbon Services, unless expressly specified above, if you do not accept to be bound by this Agreement.

The Precious Carbon Privacy Policy, which is incorporated by reference into this Agreement, and any other terms, conditions, and policies that we separately post on the Precious Carbon Services (collectively, the “Supplemental Terms”), shall also apply to your use of the Precious Carbon Services. If there is a disagreement between the Supplemental Terms and this Agreement, the Supplemental Terms will take precedence over this Agreement with regard to its subject matter.

Precious Carbon retains the right, subject to Section 15.2 of this Agreement, to change this Agreement or its policies pertaining to the Precious Carbon Services at any time. Modifications will take effect when an updated version of this Agreement or any applicable Supplemental Terms is posted on the relevant Precious Carbon Services. It is your responsibility to periodically check this Agreement, as your continuing use of the Precious Carbon Services following any modifications will be interpreted as your acceptance of those changes.

THE PRECIOUS CARBON SERVICES

1 . The Function of the Precious Carbon Services. Jewelers, jewelry merchants, and wholesalers of diamonds (collectively, “Precious Carbon Protected Wholesaler(s)”) are able to post jewelry listings (the “Jewelry Listing”) on our website through the use of our Precious Carbon Services. Customers can peruse these jewelry listings on the website, and Precious Carbon will operate as a middleman between a customer and a Precious Carbon Protected Wholesaler to enable the purchase of any listed jewelry product—including a diamond, as that term is defined in Section 2.1—through the website. Registrations.

2.  You promise to give only true, accurate, current, and complete information (the “Registration Data”) requested by the registration form when creating an account for the Precious Carbon Services (“Account”), and to update the Registration Data as soon as changes become necessary. You warrant that you are not prohibited by law from using the Precious Carbon Services and that you will be accountable for all actions taken under your Account. You also promise not to disclose your password or account to third parties and to keep an eye on your account to prevent minors and other unauthorized users from using it. Additionally, you undertake to log out of your account at the conclusion of each session and to tell Precious Carbon at away of any unauthorized use of your password or other security breach. You consent to refrain from creating an account under a false name or alias, or if you have already been prohibited from using any Precious Carbon servicesYou also consent to not having more than one Account open at any given time for the same Precious Carbon Services. Any username may be removed or reclaimed at any moment and for any reason by Precious Carbon. You understand and agree that Rare Carat owns all rights in and to your account and that those rights flow to Precious Carbon’s benefit. You do not own any stake in your account.

ORDER PROCESS

1. Acceptance of Orders. Every component of every order you place with Precious Carbon is an offer to buy. Before reentering your purchase, please email our Customer Service department at [email protected] if you have not received a message from Precious Carbon verifying receipt of your order. The mere fact that Rare Carat acknowledges receiving your order does not mean that Rare Carat accepts it. Once the diamond(s) (referred to as “Diamonds”) and associated items (referred to as “Jewelry”) that you ordered have been sent, Precious Carbon will be considered to have accepted your order.

2. Problems with orders. While we work hard to accept all legitimate orders, Precious Carbon retains the right to refuse any order for any reason, such as: (i) we find a pricing or other Diamond-related error; (ii) we receive incomplete or inaccurate billing, payment, or shipping information; (iii) we suspect a fraudulent order that appears to be placed using stolen payment card information; or (iii) the ordered item is not what it appears to be.

Diamond isn’t accessible because of a discontinuation or something else. Any order related to a past payment issue may also be denied by us.

3. Returns. Our goal is for you to be satisfied with the jewelry you buy from us. If you are unhappy with the jewelry, please email us at [[email protected]] with your questions or concerns. You can also return any jewelry you bought from Precious Carbon Services by following the instructions in this guide. Except in cases where we specifically state otherwise in writing before sending, returns for a refund or exchange are accepted within thirty (30) days of shipment. Comparative shopping—that is, making several orders at once with the intention of returning one—is something we do not support. We’ll mark these instances in writing. Refunds will be granted for subsequent orders placed after the original transaction has been returned.

(a) PayPal Purchase Protection. If, after making a PayPal transaction, you do not receive your jewelry from Precious Carbon or receive jewelry that is different from what you ordered, you might be qualified for a refund under PayPal’s transaction Protection Program, which can be accessed by clicking this link.

(b)Wire Payments’ Precious Carbon Protection Policy. In the event that you do not receive the purchased jewelry or receive an item that does not match the jewelry listing, you are covered by the Precious Carbon Protection Policy (the “Protection Policy”) for purchases made through wire payment. Precious Carbon will, at its sole discretion, decide whether your claim is eligible for the Protection Policy. You must have paid for the qualifying Jewelry, quickly file a formal dispute with Precious Carbon, and reply to Rare Carat’s requests for documentation and other information within the allotted time frame in order to qualify for the Protection Policy. Please get in touch with [email protected] if you think you qualify for the Protection Policy.Order Cancellation.

 If any Diamond is discontinued or otherwise becomes unavailable, Precious Carbon  reserves the right to cancel your order and provide you a refund for the amount paid for the Diamond.

4. Third-Party Provider. Order fulfillment is handled by a third-party service provider for Precious Carbon. By using the Precious Carbon Services to order any Diamond, you understand and agree that Precious Carbon is not liable or responsible for any delays resulting from orders placed with such third-party service providers.

5. Precious Carbon Reports. For each registered stone that is made available through the Precious Carbon Service, Precious Carbon furnishes a “Precious Carbon Report.” A precious carbon report’s factual content is exactly the same as that of the underlying GIA report. To provide you with a more thorough understanding of the stone’s qualities, we break down the individual components that the GIA uses to calculate the overall score for each category (i.e., the various number of objective qualities that are used to determine the GIA “Cut” rating). We also indicate which criteria were met and which were not (a stone does not have to meet every sub-criteria in order to receive a particular GIA score). For the sole purpose of our users’ convenience, we offer the GIA information; we neither guarantee nor make any statements regarding the accuracy of Third-Party Information. Additionally, one of our gemologists may offer their unbiased assessment and commentary on the specific stone in Precious Carbon Reports. This gives you an understanding that is comparable to what you would get if you took the stone to an independent jeweler for evaluation. It is based only on the GIA data and, in certain situations, the diamond’s photos and videos, if they are accessible. Lastly, in order to compare each stone’s price to that of other comparable stones (using data from GIA as the foundation for the comparison) and offer pricing suggestions, we utilize very advanced machine learning algorithms to examine our extensive database of listed stones and historical sales. Opinions from gemologists and pricing analyses rely solely on third-party data. Precious Carbon Reports are meant to be a helpful tool in your decision-making process; they are not meant to serve as a formal evaluation, a definitive indication of a stone’s value, or a substitute for your own independent judgment.

FEES AND PURCHASE TERMS.

Payment. When a fee or charge is due and payable, you agree to pay all fees or charges in accordance with the fees, charges, and billing conditions in force at that time. In order to complete a transaction for Diamonds featured on the Precious Carbon Services, you must either utilize your PayPal account (“PayPal Purchase”) or wire the necessary cash to Precious Carbon (“Wire Payment Purchase”). You agree to grant Precious Carbon (or PayPal, if applicable) the following rights by using the Precious Carbon Services to make purchases: (a) to collect any transaction amounts and start payments using the payment method you’ve chosen; and (b) disclose to the third-party Precious Carbon Services provider(s) any information and payment instructions you may supply, to the minimal extent necessary to finalize such a transaction. You must give correct, up-to-date, and comprehensive information to PayPal as well as to us.

PayPal. By making a purchase through your PayPal account, you agree to be bound by PayPal’s User Agreement found here. In addition, you agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with your payment. You understand that some third-parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with your purchases under this Agreement. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third-parties, and you agree that Precious Carbon has no control over, or responsibility or liability for, such fees or actions.

6. Wire Payment. You may have the option to purchase Jewelry via a wire payment purchase (“Wire Payment Purchase”). After placing an order and selecting bank wires as your method of payment – which may be subjected to a fee depending on your financial institution’s policy, you will receive an email from Precious Carbon with account information to ensure the funds are properly transferred by your bank, which make take up to two (2) business days to process. To the extent you make a Wire Payment Purchase, you may be entitled to a refund through the Protection Policy, as discussed in Section 2.3(b) above.

Entitled to a refund through the Protection Policy, as discussed in Section 2.3(b) above.

7. Precious Carbon Rights. Precious Carbon reserves the right to hold, freeze or decline transactions that we believe to be high risk, fraudulent, or in violation of the Agreement or the terms of Rare Carat’s third-party payment service providers.

8. Refunds. Except as set forth in any separate refund policy posted on the Precious Carbon Services, all fees are non-refundable.

9. Discounts and Promo Codes. Discounts and promotional codes that can be redeemed for credit in your account or other features or benefits may be created by us at our sole discretion, subject to any additional terms we establish for each promotional code (referred to as “Promo Codes”). A person may only use a promo code once. The only Promo Codes that are valid are those that you receive from official Precious Carbon communication channels. You acknowledge that Promo Codes must be used: (a) legally, for the intended audience and purpose; (b) unless we specifically grant permission, may not be copied, sold, transferred, or made available to the public in any way (including by posting to a public forum); (c) may be disabled by us at any time and for any reason without incurring any liability; (d) may only be used in accordance with the terms that we set forth for such a Promo Code; (e) cannot be redeemed for cash; and (f) may expire before you use it.

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