Terms and Conditions Agreement between User and caratx.com Welcome to caratx.com. The caratx.com website (the "Site") is comprised of various web pages operated by CaratX, Inc. ("CaratX"). caratx.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of caratx.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. caratx.com is an E-Commerce Site. CaratX is where the diamond, gemstone, jewelry and pearl industry connects, buys and sells products through the CaratX marketplace. Privacy Your use of caratx.com is subject to CaratX's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Electronic Communications Visiting caratx.com or sending emails to CaratX constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CaratX is not responsible for third party access to your account that results from theft or misappropriation of your account. CaratX and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Children Under Thirteen: CaratX does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use caratx.com only with permission of a parent or guardian. Cancellation/Refund Policy All custom work orders are non-refundable and non-negotiable. Anything done outside the CaratX platform is non-refundable and CaratX is not responsible for any damages. All other orders come with a 5 day return policy, minus any fees incurred by the CaratX platform at the time of sale, as a result of the order. Approved Returns must be accompanied with original packaging, receipt and invoice and in unused condition. Failure to meet these return and refund requirements may result in the return not being approved. CaratX, Inc reserves the right to refund transactions outside of this policy at the discretion of CaratX, Inc. Items purchased in the CaratX platform, that are inventoried outside of the United States of America do not qualify for cancels, returns or refunds. Links to Third Party Sites/Third Party Services caratx.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CaratX and CaratX is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CaratX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CaratX of the site or any association with its operators. Certain services made available via caratx.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the caratx.com domain, you hereby acknowledge and consent that CaratX may share such information and data with any third party with whom CaratX has a contractual relationship to provide the requested product, service or functionality on behalf of caratx.com users and customers. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use caratx.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CaratX that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CaratX or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CaratX content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CaratX and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CaratX or our licensors except as expressly authorized by these Terms. Use of Communication Services The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. CaratX has no obligation to monitor the Communication Services. However, CaratX reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CaratX reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. CaratX reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CaratX's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CaratX does not control or endorse the content, messages or information found in any Communication Service and, therefore, CaratX specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CaratX spokespersons, and their views do not necessarily reflect those of CaratX. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials Provided to caratx.com or Posted on Any CaratX Web Page CaratX does not claim ownership of the materials you provide to caratx.com (including feedback and suggestions) or post, upload, input or submit to any CaratX Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting This is a RocketLawyer.com document. your Submission you are granting CaratX, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. CaratX is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CaratX's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Third Party Accounts You will be able to connect your CaratX account to third party accounts. By connecting your CaratX account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. International Users The Service is controlled, operated and administered by CaratX from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CaratX Content accessed through caratx.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless CaratX, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CaratX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CaratX in asserting any available defenses. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CaratX agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARATX, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. CARATX, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CARATX, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARATX, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, This is a RocketLawyer.com document. INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CARATX, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/Access Restriction CaratX reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CaratX as a result of this agreement or use of the Site. CaratX's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CaratX's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CaratX with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CaratX with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CaratX with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. This is a RocketLawyer.com document. Changes to Terms CaratX reserves the right, in its sole discretion, to change the Terms under which caratx.com is offered. The most current version of the Terms will supersede all previous versions. CaratX encourages you to periodically review the Terms to stay informed of our updates.
To sell jewelry and precious metal products on CaratX or its affiliates, CaratX sellers must ensure that their products meet CaratX’s Quality Assurance Standards, which help sellers deliver exceptional value to diamond, gemstone and jewelry customers. In addition, jewelry products and their associated listings must adhere to all applicable laws, regulations, and standards, as well as the standards outlined on this page.
This page outlines the Jewelry Quality Assurance Standards that aid sellers to clearly and accurately describe all aspects of their products. These include product titles, product features, specifications, and descriptions. Sellers must ensure that their products meet or exceed the description of their product listing on CaratX. This page also explains CaratX’s review process.
We may suspend or terminate any seller's Fine Jewelry or Jewelry listing privileges for any reason at any time upon providing notice to the seller. Sellers may cease to list Fine Jewelry or Jewelry products for any reason at any time.
Sellers are required to comply with applicable metal quality mark and stamp requirements in the US and Canada and must provide accurate metal content information in their product listings. The following sections provide additional detail on metal content requirements.
Any metal stamping must be accurate, complete, and accompanied either by a trademark or by the name of the manufacturer.
Metal | Common stamps |
Gold | 6k, 9k, 10k, 14k, 18k, 22k, 24k |
Silver | Sterling silver, .925, .999, 500 |
Platinum | Plat, 950Plat, PT950 |
Note: The US and Canada require a minimum plating thickness (which varies based on the plating method and material used) and fineness of the precious metal for a product to be called plated. If the item has a precious metal base, stamp should reflect the precious metal base.
Metal | Stamp |
Gold-plated sterling silver | .925 |
Rhodium-plated gold | 14k |
Note: If you are unclear about what Vermeil is, the definition according to FTC regulations is: An industry product may be described or marked as "vermeil" if it consists of a base of sterling silver coated or plated on all significant surfaces with gold, or gold alloy of not less than 10 karat fineness, that is of substantial thickness and a minimum thickness throughout equivalent to two and one half (2 ½) microns (or approximately 100/1,000,000ths of an inch) of fine gold.
Note: Base metals that are plated with a precious metal do not need to be stamped.
Metal | Stamp |
Gold-plated copper | None |
SIlver-plated base | None |
Important: For multi-metal pieces that have fine metal and base metals, the product description needs to accurately state which part of the item has which metal.
Provide minimum metal weight for your products within 5% accuracy. The minimum metal weight for your items should include all components of the jewelry item such as earring backs, posts, pendants, and chains. Different ring sizes may have different metal weights.
Do not refer to the Jewelry item as being "Hypoallergenic" unless it meets one of the following requirements:
All Parent and Child ASIN relationships must comply with CaratX’s variation relationship guidelines, as outlined on the Help page. Specifically, the Parent ASIN information, including the product title, must represent the core product and accurately describe all Child ASINs within the relationship.
All Children's jewelry must comply with all federal laws and regulations, including the Consumer Product Safety Improvement Act (CPSIA), Canada Consumer Product Safety Act, the Children’s Jewellery Regulations, Surface Coating Materials Regulations and the most stringent US state laws and Canadian provincial regulations.
Diamonds must meet the following specific diamond standards:
Carat weight | Minimum required actual carat weight to round up |
1/10 | 0.09 |
1/5 | 0.18 |
1/4 | 0.23 |
1/3 | 0.30 |
3/8 | 0.37 |
1/2 | 0.46 |
5/8 | 0.59 |
3/4 | 0.71 |
1 | 0.96 |
1 ¼ | 1.22 |
1 ½ | 1.45 |
1 ¾ | 1.70 |
2 | 1.95 |
2 ½ | 2.45 |
3 | 2.95 |
CaratX will not accept diamonds with the following:
A Diamond Grading Report (or Certificate of Authenticity) is required for natural or lab-created diamonds of any clarity and any color (except black diamonds) based on the following:
We only accept certificates of authenticity or diamond grading reports from one of the four certification houses: GIA, IGI, AGS, and GCAL.
From time to time, CaratX may request, source, or purchase products sold in the Jewelry category for quality assurance testing. CaratX may submit those products to an independent, accredited jewelry testing laboratory for thorough quality testing. CaratX may also require Jewelry suppliers to work with certain designated laboratories for quality testing. The products will be tested for conformance with the CaratX product description at the time of request or purchase, as well as for compliance with CaratX Jewelry Quality Assurance Standards. CaratX may return any items it purchases for these purposes to the applicable sellers.
CaratX will contact sellers if their jewelry fails quality testing. Depending on the number of products that fail testing and the severity and type of failures, CaratX may take further actions, including (but not limited to) working with the seller on a remedial plan to address the underlying cause of failures, returning some or all inventory purchased from the seller at the seller's expense and suspending or terminating a seller's ability to sell in the Jewelry category or on CaratX.
Contact Us
CaratX welcomes your questions or comments regarding the Terms:
CaratX, Inc.
3561 Homestead Rd #8500
Santa Clara, California 95051
Email Address:
info@caratx.com
Telephone number:
8333992400
Effective as of October 01, 2021