Terms & Conditions
These terms and conditions apply to the Kemstone website located at www.kemstonejewelry.com, and all associated websites linked to www.kemstonejewelry.com by Kemstone, its subsidiaries, and affiliates (collectively referred to as ‘the Site’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use of, and any purchase from, Kemstone, and constitute an agreement between you and Kemstone. Kemstone reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and at its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the site. Your continued use of the site 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 Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
Data, including prices, may be inaccurately displayed on our Site 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 honour inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience this may cause. If you have any questions, please do not hesitate to contact one of our consultants at kemstone-eu@outlook.com. We do not negotiate prices on our products, and all our prices are final.
Diamond Certificates
When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly respected diamond laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee.
Dual Certificates
To qualify for GemEx certification, the diamond has to be selected by Kemstone’s GIA Graduate Gemologist to ensure it meets the stringent requirements of GemEx. GemEx will not issue a certificate for diamonds that do not meet this standard.
- Not all diamonds on the Kemstone website are dual-certified.
- Only 1 in a thousand diamonds are LUMOS by Kemstone Qualified.
- If the customer has agreed upon a selected diamond after being advised by Kemstone consultants that it does not meet Kemstone and GemEx criteria, the customer may still purchase the diamond but a GemEx certificate will not be provided. A disclaimer will be written in your Proforma Invoice.
- The GemEx certificate will only be issued once the diamond is confirmed and has arrived in our office where we will scan it with the BrillianceScope Analyzer. The GemEx certificate will take about 2 months for delivery.
- Kemstone will refund the LUMOS by Kemstone diamond if it does not meet GemEx requirements of Triple High Ratings. Kemstone’s gemologist will advise on this matter.
- Kemstone does not charge extra for dual certificates.
Returns, Refunds & Cancellations
A. Lifetime Warranty
View our Lifetime Warranty policy HERE.
B. Returns & Refunds
- Customers are to carefully select their diamonds to avoid the need for return or exchange.
- After full or partial payment is made, Kemstone assumes that the customer has carefully considered and agreed upon the diamond and gemstone specification, and no cancellation or refund is allowed.
- At Kemstone, we stand behind the quality of our products and offer customers the opportunity to request a refund under the following conditions:
- The GIA number inscribed on the diamond does not match its GIA certificate.
- LUMOS by Kemstone Diamond does not achieve at least Triple High Light Performance in its GemEx certificate.
- Kemstone will send customers a digital video or picture of the GIA certificate number inscribed on the girdle of the diamond before the goods are sent. If the digital video or picture is agreed upon, no return is allowed to prevent fraudulent refund.
- Customers must contact Kemstone before returning an item.
- In case of refunds, goods sold need to be returned in their original condition (without any damage) with all accompanying packaging, documents, materials, and proof that the inscribed number is not accurate, and no later than 7 days after the purchase date. If any of the items are missing, the customer will be charged a penalty for replacements.
- Upon receiving your returned item in its original condition with all accompanying documents and materials, the diamond will be weighed and checked against its corresponding grading certificate, and our quality assurance graduate gemologist will sign it off. Your refund will then be processed in the next 4-5 days; however, it may take as long as 2 weeks, depending on your location and/or payment method.
- While we offer all clients free shipping when delivering your order, we deduct a shipping charge for returns. This charge is the exact amount the courier company charges for the shipment and will be deducted from your refund.
- For multi-diamond or coloured gemstones purchases (e.g., 2 or more diamonds or gemstones in one purchase), we cannot accept claims that the majority or all of the diamonds are unacceptable for return. For customers purchasing more than one diamond, our 7-day return policy may not apply for all diamonds. We will always notify you if this is the case before sending the diamond(s).
Price Match
The following terms and conditions apply to Kemstone’s Diamond Price Match program:
- Kemstone's Diamond Price Match program applies only to certified loose diamonds sold through www.kemstonejewelry.com.
- The Diamond Price Match program only applies before you purchase your Kemstone diamond.
- To verify the competing price, you must supply our Diamond and Jewellery Consultants with:
- A link containing an actual photo and 360º video of the diamond along with a certificate link.
- A link to a website offer, published price, or official quotation.
- If the picture, video, or certificate comes in a separate link, it will not qualify for a price match.
- The competing price must be publicly available and cannot be a unique discount.
- The competitor's diamond must have the same characteristics, including carat weight, cut, color, clarity, fluorescence, table and depth percentage, symmetry, etc., as a Kemstone certified diamond.
- Price match does not apply to coloured diamonds.
- Only one diamond per customer is eligible for price matching.
- Kemstone reserves the right to verify and decide on the competing offer.
Jewellery Customisation Terms
Kemstone’s 3D printing service is only available for custom-made or bespoke jewellery designs. Customers must confirm designs and make a partial payment to proceed.
Terms for International Customers
Customised Jewellery
The terms for 3D renders and 3D prints for customised jewellery designs are as below:
What's included? (Excluding production and delivery of final product)
- 3x free jewellery designs. 8 working days required.
- After design is selected, small amendments on these 3 designs can be done at no extra charge. 4 working days required per amendment.
- 1x free 3D print + ring sizer delivery. 4 working days required.
Additional add-ons:
- Each additional jewellery design is charged USD100. 8 working days required each.
- No extra charge for small amendments on additional jewellery designs. 4 working days required per amendment.
- Each additional 3D print delivery is charged USD50 per shipment. 4 working days required.
Customers are required to confirm on 3D print design with "yes proceed" for production to commence.
Bespoke Jewellery
In the case where the customer would like to create a bespoke jewellery design with undecided diamond, and/or undecided ring design, the terms for 3D renders and 3D prints are as below:
Deposit
- A deposit of USD600 is required to start the design process.
- USD300 will be deducted from the deposit if the customer decides not to purchase from Kemstone at the end of the discussion and sampling.
What's included? (Excluding production and delivery of final product)
- 2x free jewellery designs. 8 working days required.
- After design is selected, small amendments on these 2 designs can be done at no extra charge. 4 working days required per amendment.
- 1x free 3D print + ring sizer delivery. 4 working days required.
Additional add-ons:
- Each additional jewellery design is charged USD100. 8 working days required each.
- No extra charge for small amendments on additional jewellery designs. 4 working days required per amendment.
- Each additional 3D print delivery is charged USD50 per shipment. 4 working days required.
Customers are required to confirm on 3D print design with "yes proceed" for production to commence.
Loan of Sample Rings
For customers who wish to propose first and customise their ring later with their partner, we have sample rings available to loan.
A deposit is required to loan a sample ring:
- For engagement rings, a deposit of RM3000 is required.
- For wedding bands, a deposit of RM3500 is required.
If the customer decides not to purchase their actual ring from Kemstone after loaning our sample ring, 50% will be deducted from the deposit and will not be refunded.
Information on our Site
At Kemstone, we make every attempt to ensure that our online catalogue is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour 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, Kemstone states that carat total weight in all purchases may vary 0.05 carats from stated weight. On the Site, we provide the measurement of our products based on our manufacturing 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 and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Colour 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 Kemstone collects, uses, and discloses personally identifiable information from its customers.
Site Content
The Site and all content and other materials, including, without limitation, the Kemstone 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 “Site Materials”) are the proprietary property of Kemstone 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
Kemstone, the Kemstone logos, and any other product or service name or slogan contained in our Site are trademarks of Kemstone and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kemstone or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Kemstone” or any other name, trademark or product or service name of Kemstone without our prior written permission. All other trademarks, registered trademarks, product names and Kemstone names or logos mentioned in our Site are the property of their respective owners.
Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Kemstone has adopted a policy of terminating and barring, in appropriate circumstances and at Kemstone’s sole discretion, site users or account holders who are deemed to be repeat infringers. Kemstone may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
Kemstone may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Kemstone does not monitor or have any control over any Third Party Content or third party Sites. Kemstone does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Kemstone 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.
Advertisements and Promotions
Kemstone may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Kemstone, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Kemstone is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Kemstone advertisers on our Site.
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 site, Kemstone, or our products or services that are provided by you to Kemstone are non-confidential and shall become the sole property of Kemstone. Kemstone 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 Kemstone 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:
- 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 site;
- the content is accurate and not misleading; and
- use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Product Reviews and User Content
Kemstone may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Kemstone, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Kemstone is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Kemstone advertisers on our Site.
Advertisements and Promotions
Our Site includes a product 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 Site (‘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 Site any of the following:
- 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;
- 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;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; and
- User Content that, in the sole judgment of Kemstone, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Kemstone or its users to any harm or liability of any type.
Kemstone 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 Kemstone 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, Kemstone 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 Kemstone has no obligation to screen, edit, or monitor any of the Content posted in any Interactive Area, Kemstone reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on our Site 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 Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site 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 Site.
In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect Kemstone’s systems and customers, or to ensure the integrity and operation of Kemstone’s business and systems, Kemstone 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. Kemstone’s right to disclose any such information shall govern over any terms of Kemstone’s Privacy Policy. If you post User Content to our Site, unless we indicate otherwise, you grant Kemstone 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 Kemstone 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:
- 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 Site;
- the User Content is accurate and not misleading; and
- use and posting of the User Content you supply do 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 Kemstone, 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 Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand, or claim made against Kemstone 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 KEMSTONE, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KEMSTONE 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 SITE. KEMSTONE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KEMSTONE DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL KEMSTONE, 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 SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM KEMSTONE, 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 KEMSTONE’S RECORDS, PROGRAMS, OR SERVICES.
Modification and Notice
You agree that Kemstone may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Termination
Notwithstanding any of these Terms and Conditions, Kemstone reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of the Site.
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.
